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ESSENTIALS  IN 

CIVIL    GOVERNMENT 

A  TEXT-BOOK  FOR  USE  IN 
SCHOOLS 


BY 

S.  E.   FORMAN,  Ph.D. 


.  *    '         »  •     ».      •        1     »       1       '    »    •      '        >  ' 


NEW  YORK     :•  CINCINNATI  •:•  CHICAGO 
AMERICAN   BOOK   COMPANY 


Copyright,  1908,  1909,  1915,  bt 
S.  E.  FORMAN 


Entebed  at  Stationers'  Hall,  London 


F.  Civil  Govt. 
Revised  to  191T 

E-P     8 


i  '    r'  .     c '    c 


PREFACE 

Of  the  whole  number  of  pupils  who  can  study  Civil 
Government  with  profit  more  than  nine-tenths  are  in  the 
upper  classes  of  the  grammar  schools  and  in  the  lower 
classes  of  the  high  schools.  In  these  classes  there  are 
nearly  two  million  young  people  who  can  be  led  into  a 
just  appreciation  of  the  rights  and  duties  of  citizens. 
Here  is  a  rich  field  for  the  sower,  an  opportunity  vast  in  its 
proportions  for  improving  the  quality  of  American  citizen- 
ship and  elevating  the  American  electorate. 

The  aim  of  this  little  book  is  to  help  those  teachers  who 
are  trying  to  give  the  masses  of  their  pupils  sound  and  sys- 
tematic instruction  in  Civil  Government:  it  is  intended 
for  use  at  the  topj)f  the^amnmjLschQQLQr:.^t-lke  bottom 
of  the  high  school.  Its  primary  aim  is  not  to  teach  facts. 
You  cannot  start  young  people  on  the  road  to  good  citi- 
zenship by  gorging  their  minds  with  facts  about  govern- 
ment. The  primary  aim  of  the  book  is  to  establish  political 
ideals  and  to  indoctrinate  in  notions  of  civic  morality. 

In  the  first  few  lessons  (Lessons  I-V)  the  pupil  studies 
the  little  world  in  which  he  moves  and  has  his  being.  He 
takes  a  peep  at  his  own  moral  nature  and  he  studies  the 
governments  of  the  home  and  of  the  school.  Then  he  takes 
up  the  great  subject  of  citizenship  (Lessons  VI-XI)  and 
learns  of  civic  rights  and  civic  duties.     Lessons  XII-XV 

3 

424825 


4  PREFACE 

treat  of  the  powers  of  government.    In  these  four  lessons 

the  great  underlying  principles  of  our  government  may  be 

learned,  and  while  studying  them  the  pupil  ought  to  catch 

something  of  the  spirit  of  American  government.     ^^The 

letter  killeth  but  the  spirit  giveth  life."    With  Lesson  XVI 

the  pupil  begins  to  study  the  forms  and  workings  of  the 

larger  governments.    Lessons  XVI-XX  are  given  to  local 

government,  Lessons  XXI-XXVI  to  State  government  and 

Lessons  XXVII-XXXVI  to  the  National  Government. 

The  subject  of  Taxation  is  treated  in  Lessons  XXXVII- 

XXXVIIL    In  Lessons  XXXIX  and  XL  the  subject  of 

Party  Government  receives  attention. 

Will  the  general  teaching  of  Civil  Government  in  the 

schools  tend  to  elevate  the  citizenship  of  the  masses?    It 

will  if  a  lesson  in  Civil  Government  is  made  a  lesson  in 

political  ethics.    Good  citizenship  is  an  affair  both  of  the 

head  and  of  the  heart,  and  training  in  citizenship  must 

quicken  the  conscience  as  well  as  inform  the  mind.     In 

the  preparation  of  this  book  this  truth  has  never  been 

lost  sight  of.    Wherever  it  has  been  practicable  I  have 

tried  to  help  the  teacher  to  combine  instruction  in  Civil 

Government  with  instruction  in  morals. 

S.  E.  FORMAN. 
Washington,  D.  C. 


CONTENTS 

LESSON  I 

Government  and  Laws 11 

Meaning  of  the  Word  "  Government " — The  Study  of  Govern- 
ment— What  Government  Does  for  Us — Laws. 

LESSON  II 

The  Government  of  Self >    15 

Self-Control — Self-Control  can  be  Cultivated — The  Reward  of 
Doing  Right — ^The  Government  of  Self  the  Foundation  of 
All  Government. 

LESSON  III 
The  Family 19 

Husband  and  Wife;  Marriage — Parents  and  Children — The 
Duties  of  Parents  to  Children — The  Rights  of  Parents  in  Re- 
spect to  Their  Children — Importance  of  the  Family  Govern- 
ment. 

LESSON  IV 
The  Government  of  the  School 24 

Pupils  Should  Know  Something  of  School  Government — 
School  Officers — ^The  Powers  and  Duties  of  School  Officers — 
The  Teacher. 

LESSON  V 

The  Government  of  the  School  {Continued) 28 

Rules  that  Pupils  Must  Obey— Duties  of  Teachers  and  Pupils. 

LESSON  VI 
Citizenship:  Who  ARE  Citizens 33 

Introduction — Meaning  of  the  Word  "Citizen" — ^Aliens — 
Naturalization. 


6  CONTENTS 

LESSON  VII 
Citizenship:  Civil  Rights 37 

Civil  and  Political  Rights — The  Right  to  Personal  Security — 
Personal  Liberty;  Habeas  Corpus — The  Right  of  Private 
Property. 

LESSON  VIII 

Citizenship:  Civil  Rights  (Cow^mwed) 41 

The  Right  of  Religious  Freedom — The  Right  of  Freedom  of 
Speech— The  Right  of  Freedom  of  the  Press— The  Right  of 
Assembly — ^The  Right  of  Petition — ^The  Right  of  Protection 
in  the  Home — ^The  Right  of  Due  Process  of  Law — The  Right 
to  Equal  Protection  of  the  Laws — The  Right  of  Protection 
on  the  High  Seas  and  in  Foreign  Lands. 

LESSON  IX 

Citizenship  :  Who  are  Voters 46 

The  Right  of  Suffrage — Persons  Who  May  Not  Vote — Regis- 
tration. 

LESSON  X 

Citizenship  :  Elections 50 

At  the  Polls — Counting  the  Vote;  Majority,  Plurality — ^The 
Right  of  Holding  Office. 

LESSON  XI 

Citizenship  :  Duties  of  Citizens 55 

A  Few  Words  about  Duty — Obedience  to  the  Law — Defense 
of  One's  Country — Earning  a  Living — ^The  Duty  of  Study- 
ing Political  Questions — ^The  Duties  of  Voters. 

LESSON  XII 

The  Powers  of  Government  :  Majority  Rule 60 

Introduction — The  Power  of  the  People — Democracy  a  Gov- 
ernment of  Reason — Democracy  a  Government  of  Justice. 

LESSON  XIII 

The  Powers  of  Government:  Representation    ....    87 

Pure  and  Representative  Democracy — The  Representative's 

Term  of  Service — How  a  Fair  Representation  is  Secured. 


CONTENTS  1 

LESSON  XIV  p^Q, 

The  Powers  of  Government:  Checks  and  Balances    ,    .    73 
Introduction — ^The  Three  Departments  of  Government — ^The 
Lower  and  the  Upper  House — ^The  Veto  Power — ^The  In- 
dependence of  the  Departments. 

LESSON  XV 

The  Powers  of  Government:  Local  Self-Government    ,    80 
Introduction — ^The  Three  Grades  of  Government — ^The  Rela- 
tion of  the  Local  Government  to  the  State — Local  Self- 
Government — ^The  Services  of  Local  Government. 

LESSON  XVI 
The  County 85 

Introdyction — County  Government  Not  Everywhere  the 
Same — ^The  County  Seat — ^The  County  Commissioners  or 
Supervisors — ^The  Court  OflScials  of  the  County — Other 
County  OflBcials. 

LESSON  XVII 

Town  Government 93 

Early  Town  Government  in  New  England — ^The  Town  Meet- 
ing— ^Town  Officers. 

LESSON  XVIII 

The  Township ,    •    99 

The  Nature  of  Township  Government — ^Township  Meetings 
and  Township  Elections — Officers  of  the  Township. 

LESSON  XIX 

Municipal  Government 103 

Why  Municipal  Government  is  Necessary — ^Village  and  Bor- 
ough Government — ^The  City  Charter. 

LESSON  XX 

Municipal  Government  (Continued) 109 

The  Three  Great  Departments  of  City  Government — ^The  City 
Council — ^The  Mayor;  Municipal  Executive  Department — 
Commission  System  of  Mimicipal  Government — Services  of 
City  Government. 


8  CONTENTS 

LESSON  XXI 
The  State 116 

The  Thirteen  Colonies — ^The  Thirteen  Original  States— The 
Admitted  States — The  Outlines  of  a  State  Government. 

LESSON  XXII 

The  State  Constitution 120 

Meaning  of  the  Word  "  Constitution  " — Description  of  a  State 
Constitution — How  the  Constitution  of  a  State  is  Made — 
How  a  Constitution  is  Changed. 

LESSON  XXIII 

The  State  Legislature 125 

When  and  Where  the  State  Legislature  Meets — ^The  Two 
Branches  of  the  Legislature — Election  of  Members  of  the 
Legislature — Organization. 

LESSON  XXIV 
The  State  Legislature  {Continued) 131 

How  a  Law  is  Made — ^The  Initiative  and  Referendum — What 
the  Legislature  of  a  State  May  Do — Honest  Men  for  the  Leg- 
islature. 

LESSON  XXV 

The  Governor  and  His  Colleagues 138 

The  Governor — Other  Executive  Officers — Impeachment. 

LESSON  XXVI 

Judges,  Juries,  and  Courts  of  Law 144 

The  Judicial  Department — ^The  Justice  of  the  Peace — The 
Circuit  Court — ^The  Supreme  Court — Civil  and  Criminal 
Cases. 

LESSON  XXVII 

The  National  Constitution 151 

Introduction — The  Articles  of  Confederation — ^The  Constitu- 
tional Convention  of  1787 — Amendments  to  the  Constitu- 
tion. 


CONTENTS  9 

LESSON  XXVIII 

Congress 156 

The  Two  Houses  of  Congress — ^The  House  of  Representatives 
— The  Senate — How  a  Law  is  Passed  in  Congress — ^The 
Power  of  Congress  Limited. 

LESSON  XXIX 

Congress  (Continiied) 162 

What  Congress  May  Do — What  Congress  May  Not  Do. 

LESSON  XXX 

The  President;  His  Election 168 

Introduction — The  Nomination  of  a  Presidential  Candidate — 
The  Election  of  the  President — Inauguration. 

LESSON  XXXI 

The  President  and  His  Cabinet 175 

The  Powers  and  Duties  of  the  President — The  Great  Execu- 
tive Departments — Cabinet  Meetings — ^The  National  Civil 
Service;  the  Civil  Service  Commission — Salaries. 

LESSON  XXXII 

The  National  Executive  Departments 182 

Introduction — The  Department  of  State — ^The  Department  of 
War — The  Department  of  the  Navy. 

LESSON  XXXIII 

The  National  Executive  Departments  (Continued)     .     .     .188 
The  Department  of  Justice — The  Department  of  the  Treasury 
— ^The  Post  Office  Department. 

LESSON  xxxrv 

The  National  Executive  Departments  {Continued)     .     .     .  194 
The  Department  of  the  Interior — ^The  Department  of  Agri- 
culture— The  Department  of  Commerce — The  Depart- 
ment of  Labor — Executive  Work  outside  the  Depart- 
ments. 


10  CONTENTS 

LESSON  XXXV 

Territories  and  Dependencies 201 

Introduction — Hawaii — Alaska — Our  Island  Possessions — 
The  District  of  Columbia. 

LESSON  XXXVI 

The  National  Courts 206 

The  Kind  of  Cases  Tried  in  the  National  Courts — The  Three 
Grades  of  National  Courts— Special  National  Courts. 

LESSON  XXXVII 
Taxation  :  The  Property  Tax 212 

Introduction — Taxation  a  Power  of  the  Lawmaking  Depart- 
ment— The  Property  Tax — How  Each  Taxpayer's  Share  is 
Determined — The  Collection  of  Taxes. 

LESSON  XXXVIII 

Other  Taxes 217 

The  Income  Tax — ^The  Inheritance  Tax — Licenses;  Fees — 
Poll  Tax — ^The  Franchise  Tax — Duties  and  Excises — Em- 
inent Domain. 

LESSON  XXXDC 

Party  Government  :  Organization  of  Political  Parties    .  222 
Introduction — The  Organization  of  Political  Parties — Nom- 
ination of  Candidates  by  a  Direct  Primary  Vote. 

LESSON  XL 

Party  Government:  The  Citizen  AND  His  Party    ,    .     .    .227 
The  Choice  of  a  Party — ^True  Leaders  and  False  Leaders — 
Loyalty  to  Party. 

Constitution  of  the  United  States,  Text    ......  232 

Index 248 


ESSENTIALS  IN  CIVIL  GOVERNMENT 


I 


I.    GOVERNMENT  AND  LAWS 

"  Order  is  Heaven's  first  law." 

Meaning  of  the  Word  "  Government."— In  the  Latin 
language  the  word  gubemator  means  a  pilot,  a  steersman,  one 
who  guides;  and  from  this  word  gubernator  we  derive  our 
word  governor.  A  governor,  therefore,  is  one  who  guides 
something,  and  the  word  government  means  guidance  or 
management.  Thus  when  we  speak  of  the  government 
of  a  home,  we  refer  to  the  management  of  the  private 
affairs  of  the  home;  when  we  speak  of  the  government  of 
a  State,  we  refer  to  the  management  of  the  pubhc  affairs 
in  the  State.  The  word  government  will  be  used  a  great 
many  times  in  this  book,  and  we  shall  learn  that  there  are 
many  kinds  of  government.  We  shall  speak  of  ^^self- 
government,"  of  "family  government,"  of  "school  govern- 
ment," of  "State  government,"  of  "national  government." 
Wherever  the  word  government  occurs,  it  will  mean  guid- 
ance, management,  control. 

The  Study  of  Government. — You  are  now  going  to  study 
the  subject  of  government;  that  is,  you  are  going  to  study 

11 


12  EVERY-DAY  GOVERNMENT 

how  the  affairs  of  mankind  are  managed;  how  men  and 
women  are  guided  in  their  journey  through  the  world 
amidst  other  men  and  women;  how  society  is  held  together 
and  controlled.  The  study  is  of  great  importance,  and 
should  be  of  great  interest,  for  the  happiness  of  men  de- 
pends largely  upon  the  kind  of  government  that  guides  and 
controls  their  Hves. 

The  study  of  government  should  interest  chilaren  as 
well  as  men;  for  children,  as  well  as  men,  are  deeply  affected 
by  the  government  under  which  they  live.  In  his  earhest 
years  the  child  is  under  the  government  of  his  parents. 
As  soon  as  he  is  old  enough  he  is  sent  to  school,  where  a 
new  government  enters  into  his  life  and  controls  his  ac- 
tions. He  now  hves  under  the  government  of  the  school, 
as  well  as  under  the  government  of  the  home.  He  must 
obey  his  teacher,  as  well  as  his  father  and  mother.  When 
he  goes  out  into  the  streets,  and  parks,  and  fields,  he  finds 
that  there  is  a  third  government  to  restrain  him  and  reg- 
ulate his  conduct.  If  he  is  very  noisy,  or  if  he  runs  upon 
flower  beds  in  the  park,  or  if  he  takes  fruit  from  the  or- 
chard of  a  stranger,  he  is  promptly  checked  by  a  policeman 
or  other  officer,  and  may  be  punished  for  his  offense. 
This  third  government  which  the  child  must  obey  is  the 
government  of  the  city,  or  of  the  State. 

And  thus  it  is  all  through  life;  no  matter  where  we  go, 
or  which  way  we  turn,  government  always  and  everywhere 
follows  us  and  regulates  our  actions.  If  the  governments 
that  control  us  are  wise,  and  just,  and  kind,  we  are  made 
happier  by  them;  if  they  are  harsh,  or  foohsh,  or  tyranni- 


GOVERNMENT  AND  LAWS  18 

cal,  our  lives  are  made  miserable  by  them.  By  studying 
and  understanding  the  different  forms  of  government  un- 
der which  we  live  we  may  prepare  ourselves  to  make  them 
better. 

What  Goverament  Does  for  Us. — ^You  have  but  to 
look  around  you  to  see  how  great  and  how  useful  are  the 
services  of  government.  Government  keeps  peace  and 
good  order  among  men;  it  protects  life  and  property;  it 
punishes  crime;  it  keeps  an  army  and  navy  for  the  defense 
of  the  nation;  it  supports  courts  of  law  where  men  may  find 
justice;  it  regulates  commerce  and  industry;  it  coins  and 
prints  the  money  we  use;  it  collects  and  distributes  our  let- 
ters; it  gives  assistance  to  the  poor  and  unfortunate;  it 
cares  for  the  public  health;  it  supports  the  public  schools; 
it  keeps  the  streets  and  roads  in  repair.  Many  other  serv- 
ices of  government  might  be  mentioned,  but  these  are 
enough  to  show  you  that  we  owe  a  great  deal  to  government. 

Laws. — ^The  rules  that  governments  make  to  guide  our 
actions  are  called  laws.  A  law  states  what  we  are  to  do 
and  forbids  what  we  are  not  to  do.  When  a  law  has  been 
made  it  must  be  obeyed.  No  man  can  disobey  a  law  with- 
out being  liable  to  punishment  for  his  disobedience.  We 
may  not  like  a  law,  we  may  think  a  law  unjust  or  unwise, 
yet  so  long  as  it  is  a  law  we  must  obey  it.  Moreover, 
when  a  person  violates  a  law,  he  is  punished,  even  if  he 
did  not  know  there  was  such  a  law  when  he  violated  it. 
Ignorance  of  what  the  law  is  will  excuse  no  one.  Laws 
are  made  for  the  government  of  us  all,  and  if  we  do  not 
know  what  they  are  it  is  either  our  fault  or  our  misfortune. 


14  EVERY-DAY  GOVERNMENT 

How  laws  are  made  and  changed,  and  how  people  are 
forced  to  obey  them,  and  punished  for  disobeying  them, 
will  be  explained  hereafter.  At  present  it  is  enough  to 
know  that  any  government  worthy  of  the  name  is  always 
strong  enough  to  enforce  the  laws  that  are  made.  It  is 
the  duty  of  all  who  live  under  a  government  to  obey  the 
laws  of  that  government  without  being  compelled  to  do  so. 
If  we  think  a  certain  law  is  bad,  it  is  our  right  and  our 
duty  to  try  to  have  the  law  changed.  '  Are  you  compelled 
to  obey  any  laws  that  you  think  are  unjust? 

QUESTIONS  AND  EXERCISES 

1.  What  is  the  meaning  of  the  word  governess?  governmental?  un- 
governable? gubernatorial? 

2.  Explain  the  use  of  the  "governor"  on  a  steam  engine. 

3.  Name  the  people  whom  you  know  to  be  officers  of  government. 

4.  What  would  happen  if  people  on  the  street  were  allowed  to  do 
just  as  they  pleased? 

5.  What  is  a  hermit? 

6.  Of  the  services  of  government  mentioned  in  the  lesson  which 
stands  first  in  importance?  Which  stands  second?  Which  third? 
Which  fourth?    Give  reasons. 


The  Stocks — an  Old-fashioned  Punishment 


n.    THE  GOVERNMENT  OF  SELF 

**  He  that  ruleth  his  spirit  is  better  than  he  that  taketh  a  city." — Bible. 

Self-Control. — Before  you  begin  to  study  the  different 
forms  of  government  under  which  we  live,  I  wish  to  call 
your  attention  to  something  that  is  at  the  foundation  of  all 
government.  I  wish  you  to  think  for  a  few  moments  upon 
the  subject  of  the  government  of  one's  self,  or  self-control. 
You  doubtless  feel  in  yourself  the  power  to  control  your 
own  actions  in  many  ways.  You  can  be  studious,  or  you 
can  be  idle;  you  can  be  respectful,  or  you  can  be  impu- 
dent; you  can  be  kind,  or  you  can  be  cruel.  I  think  you 
will  not  deny  that  there  is  within  yourself  a  government 
which  controls  your  private  actions;  a  mil  that  directs 
the  actions  of  your  mind  and  body. 

We  should  constantly  be  asking  ourselves  whether  our 
wills  are  carrying  us  in  the  right  direction.  True  self^ 
control  consistsjn_ deciding  to  do  what  is  right  and  doing 
xL,  Anger,  appetite,  laziness,  envy,  lealousy,  pride,  re- 
venge, tempt  us  to  do  wrong.  Love,  duty,  conscience, 
whisper  ta  us  to  do  right.  For  which  shall  we  decide — 
for  the  wrong  or  for  the  right?  If  we  decide  for  the  wrong, 
we  may  in  the  end  become  the  slaves  of  our  passions  and 
be  destroyed.    For  which,  then,  shall  we  decide? 

Self-Controi  can  be  Cultivated. — I  beUeve  you  all  think 
that  you  ought  to  control  yourselves  and  do  right,  but 

15 


[ 


16  EVERY-DAY  GOVERNMENT 

some  of  you  may  feel  unequal  to  the  task  of  always  doing 
/  right.  Now,  self-control  lies  in  the  will.  If  your  will  is 
strong,  you  will  be  able  to  govern  yourself  under  the  most 
trying  circumstances;  if  it  is  weak,  you  will  not.  But 
remember  this:  A  weak  will  can  be  strengthened  by  exer- 
cise, just  as  an  arm  can  be  strengthened  by  exercise. 

If  a  boy  who  has  learned  to  smoke  feels  that  smoking 
is  injuring  him,  he  should  leave  off  the  habit  at  once. 
When  a  cigar  is  offered  to  him  he  should  refuse  to  take  it. 
This  may  be  hard  to  do  at  first.  Let  him  refuse  a  second 
time  and  he  will  find  it  easier;  a  third  time  he  will  find  it 
still  easier.  By  continuing  to  refuse  he  will  at  last  find 
that  his  desire  to  smoke  is  gone.  His  will  conquers  his 
appetite  and  he  is  master  of  himself. 

If  a  girl  who  indulges  in  the  ugly  habit  of  saying  spiteful 
and  untruthful  things  about  her  acquaintances  becomes 
ashamed  of  herself  and  desires  to  do  better,  she  should 
begin  by  exercising  and  strengthening  her  will.  When 
she  hears  some  one  saying  unjust  things  about  another, 
instead  of  helping  along  with  the  abuse,  she  should  keep 
silent,  even  if  she  must  bite  her  tongue  to  do  so.  By  re- 
fusing for  a  time  to  speak  falsely  or  unjustly  about  people, 
she  will  find  that  it  is  not  necessary  to  bite  her  tongue 
to  prevent  herself  from  joining  in  when  she  hears  slan- 
derous remarks.  She  will  probably  be  inclined  to  use  her 
tongue  either  to  rebuke  the  slander  or  to  say  something 
good  about  the  person  slandered. 

Young  people  will  find  that  a  strong  will  bent  on  domg 
right  will  carry  them  safely  past  temptation. 


THE  GOVERNMENT  OF  SELF  17 

The  Reward  of  Doing  Right.— Thoughtless  young  peo- 
ple sometimes  ask:  ^'What  is  the  use  of  doing  right? 
What  is  the  use  of  checking  bad  impulses  and  exercising 
self-control?''  If  you  will  look  aroimd  you,  and  reflect 
upon  what  you  see,  you  will  find  an  answer  to  this  ques- 
tion. You  will  find  that  the  people  who  exercise  control 
over  themselves  are  happier  than  those  who  are  carried 
along  by  passion  and  appetite. 

Sometimes,  it  is  true,  wicked  and  violent  men  seem  to 
prosper  and  even  to  be  happy.  But  they  are  not  really 
happy.  If  you  could  learn  the  secret  of  their  lives,  you 
would  find  that  bad,  dishonest  men  lack  one  thing  that  is 
more  precious  than  anything  else  in  life.  They  may  have 
wealth,  and  honor,  and  high  social  rank,  but  they  have 
not  their  own  self-respect^  and  no  one  can  be  truly  happy 
without  this.  With  self-respect  one  can  never  be  thor- 
oughly imhappy.  You  may  be  unfortunate  or  unsuccess- 
ful; people  may  scorn  you  or  neglect  you,  yet  if  you  always 
firmly  do  the  right  thing,  you  will  always  have  a  good 
conscience  and  your  own  self-respect. 

The  Government  of  Self  the  Foundation  of  All  Govern- 
ment.— ^There  is  another  reward  for  those  who  exercise  a 
strict  control  over  themselves.  Their  government  of  self 
makes  them  good  citizens  and  fits  them  to  take  part  in  the 
government  of  others.  A  community  is  composed  of  indi- 
viduals, and  the  character  of  its  government  will  be  Hke 
the  character  of  the  individuals  who  compose  it.  If  it 
contains  a  large  number  of  rogues,  swindlers,  idlers, 
drunkards,  then  its  government  will  certainly  be  bad,  for 


18  EVERY-DAY  GOVERNMENT 

the  government  of  a  people  is  never  much  better  than  the 
people  themselves.  If  a  community  consists  of  honest, 
industrious,  moral  citizens,  then  it  will  have  a  good  gov- 
ernment. Good  government  begins  with  the  individual,  it 
begins  with  you  personally.  If  you  intend  to  take  a  part 
in  public  affairs  when  you  grow  up,  and  if  you  intend  to 
help  in  making  your  government  better,  you  should  begin 
by  trying  to  order  your  own  life  aright. 

QUESTIONS  AND  EXERCISES 

1.  Learn  the  following  facts  about  the  will: 
(a)  The  will  grows  strong  by  exercise. 

(p)  The  will  may  be  assisted  by  favorable  surroundings.  If  you  de- 
termine to  leave  off  an  old  habit  and  form  a  new  one,  put  your- 
self under  favorable  conditions,  make  new  associations,  avoid 
temptations,  take  advantage  of  every  outward  aid. — James. 

(c)  The  will  should  never  lose  a  battle. 

(d)  The  will  should  act  when  it  is  called  upon  to  act;  it  should 

never  shun  a  battle. 

(e)  We  may  strengthen  the  will  by  doing  things  now  and  then 

simply  because  we  don't  want  to  do  them. 

2.  Name  the  faults  which  stand  opposed  to  each  of  the  following 
virtues:  courage,  perseverance,  indubstry,  cheerfulness,  simplicity,  self- 
reliance,  liberality. 

3.  Arrange  the  following  virtues  in  the  order  of  their  importance, 
placing  the  most  desirable  virtue  first:  temperance,  truthfulness,  fru- 
gality, prudence,  honesty,  modesty,  unselfishness,  patience,  charitableness , 
reverence.     Give  reasons  for  your  arrangement. 

4.  Arrange  the  following  faults  in  the  order  in  which  you  dislike 
them,  placing  the  fault  you  dislike  most  first:  anger,  stinginess,  revenge, 
hypocrisy,  tardiness,  jealousy,  self-conceit,  envy,  cruelty,  stubbornness. 

5.  Define  conscience.  When  you  do  wrong,  is  it  the  fault  of  your 
conscience  or  of  your  will?    How  may  the  conscience  be  improved? 


III.    THE  FAMILY 

"There  is  in  the  family  an  angel  possessed  of  a  mysterious  influ- 
CDce  of  grace,  sweetness,  and  love;  an  angel  who  renders  our  duties 
more  cheerful  and  our  sorrow  less  bitter.  This  angel  is  woman. 
Whether  as  mother,  wife,  or  sister,  woman  is  the  joy  of  existence.  She 
is  a  treasure  of  gentle  consolation  sufficient  to  soothe  every  sorrow.  It 
is  through  woman  that  the  family  points  to  Eternity.  Hold  then  the 
family  sacred,  my  brothers.  Reject  every  attempt  to  undermine  it,  for 
it  is  of  God." — Mazzini. 

Husband  and  Wife ;  Marriage.— The  government  that 
comes  closest  to  the  lives  of  young  people  is  that  of  the 
family.  At  the  head  of  the  family  stand  the  father  and 
mother,  who  are  united  as  husband  and  wife  by  marriage. 
Marriage  is  regarded  by  the  law  as  a  contract,  but  it  is  a 
very  strong  contract,  and  it  ought  to  be  a  very  sacred  one. 
It  is  a  contract  that  cannot  be,  and  ought  not  to  be,  easily 
broken.  Marriage  is  the  bond  which  holds  the  family 
together,  and  it  is  of  the  utmost  importance  to  us,  both  as 
individuals  and  as  a  people,  that  the  family  be  held  to- 
gether as  firmly  as  possible. 

The  blessings  of  the  family  as  an  institution  ought  to 
be  ever  before  our  eyes.  In  the  family  we  grow  in  char- 
acter as  we  can  grow  nowhere  else.  In  no  other  place  can 
we  learn  the  lessons  of  devotion  and  sacrifice  and  unselfish- 
ness that  we  learn  in  the  home.  Besides  being  a  nursery 
of  virtues  and  a  source  of  happiness  for  its  individual 
members,  the  family  brings  countless  blessings  to  society 

19 


20 


EVERY-DAY  GOVERNMENT 


at  large.  Indeed,  we  may  say  that  the  family  is  the 
foundation  upon  which  all  society  rests.  If  you  should 
destroy  the  family,  you  would  destroy  cities  and  States 
and  governments  and  even  civiUzation  itself.  And  just 
as  the  family  holds  society  together,  so  the  marriage 
tie  holds  the  family  together.     This  great  truth  should 


never  be  forgotten.    Nations  have  sometimes  forgotten  it, 
and  they  have  always  suffered  for  doing  so. 

Parents  and  Children. — Parents  regulate  the  conduct 
of  children,  protect  them,  educate  them  and  provide 
them  with  shelter,  food,  and  clothing.  It  is  in  the  home, 
while  members  of  the  family,  that  children  must  look 
for  their  greatest  happiness.  The  law  that  should  gov- 
ern, and  that  usually  does  govern,  in  the  family  is  the 
law  of  love  and  duty.    Parents,  as  a  rule,  devote  their  lives 


THE  FAMILY  2\ 

to  the  happiness  of  their  children.  What  should  children 
do  in  return? 

It  has  been  found  that  parents  are  not  always  kind  and 
loving  and  just  towards  their  children,  and  that  children 
are  not  always  grateful  and  obedient  to  their  parents.  It 
sometimes  happens  that  the  parent  or  the  child  fails  to  do 
his  duty.  When  this  does  happen,  the  government  of  the 
State  steps  in  and  commands  what  must  be  done.  Let  us 
learn  something  of  the  rights  and  duties  which  the  law 
will  not  allow  parents  or  children  to  disregard. 

The  Duties  of  Parents  to  Children: 

(1)  Support. — ^The  first  duty  the  parent  owes  to  the 
child  is  to  support  it,  to  provide  it  with  food,  clothing, 
and  shelter.  If  a  father  should  be  so  hard-hearted  as  to 
turn  his  child  out  of  doors  and  refuse  to  give  it  food,  a 
stranger  could  take  the  child  into  his  house  and  feed  it 
and  charge  the  father  with  the  expense,  and  the  law  would 
compel  the  father  to  pay  the  bill.  This  duty  of  parents 
to  support  their  children  continues  until  the  children  are 
twenty-one  years  of  age.  After  that  time  children  may 
not  look  to  their  parents  for  support.  It  is  not  often  that 
the  law  interferes  with  the  parents  in  these  matters;  love 
alone  is  nearly  always  strong  enough  to  hold  them  to  their 
duty. 

(2)  Educaticm. — A  second  duty  which  parents  owe  to 
their  children  is  to  educate  them.  In  many  of  the  coun- 
tries of  Europe,  and  in  most  of  the  States  of  our  own 
country,  parents  are  compelled  by  law  to  send  their  chil- 
dren to  school.    In  every  State  schools  are  provided  for 


22  EVERY-DAY  GOVERNMENT 

children  free  of  cost,  and  parents  are  expected  to  send 
their  children  to  them. 

The  Rights  of  Parents  in  Respect  to  their  Children. — 
Parents  have  not  duties  only;  they  have  rights  also. 

(1)  Obedience. — ^They  have  the  right  to  the  obedience 
of  their  children.  The  child  must  obey  its  parents  in  all 
reasonable  commands.  If  it  refuses  to  obey,  it  may  be 
punished  in  such  manner  as  the  parents  think  fit.  The 
punishment,  however,  must  be  reasonable;  it  must  be  such 
as  not  to  endanger  the  health  of  the  child  or  injure  it  in 
mind  or  body. 

(2)  Service. — Parents  have  the  right  to  the  service  of 
their  children.  Until  children  are  of  age  they  must  work 
for  their  parents  if  their  parents  need  their  service.  If 
they  earn  wages,  their  parents  have  a  right  to  take  their 
earnings. 

(3)  Assistance  in  Old  Age. — If  the  parents  are  old  and 
poor  and  unable  to  take  care  of  themselves,  their  children 
may  be  compelled  to  assist  them.  Just  as  parents  are 
compelled  to  support  the  child  when  it  is  young  and  help- 
less, so  the  child  is  compelled  to  support  its  parents  when 
they  are  old  and  helpless. 

Importance  of  the  Family  Government— The  govern- 
ment of  the  family  is  the  smallest  of  the  governments  that 
we  shall  have  to  study,  but  it  is  not  the  least  important. 
A  town  or  State  is  simply  a  number  of  families  bound  to- 
gether, and  if  all  the  families  of  a  town  or  of  a  State  were 
well  governed,  there  is  no  doubt  that  the  town  or  the  State 
itself  would  be  well  governed.    You  see  how  important, 


THE  FAMILY  23 

then,  it  is  that  we  should  do  all  in  our  power  to  make  our 
homes  what  they  should  be.  Children  can  serve  their 
country  simply  by  doing  their  duty  in  their  homes.  They 
can  repay  the  love  and  sacrifice  of  their  parents  by  loving 
and  unselfish  deeds.  Brothers  and  sisters  may  bless  their 
homes  by  living  at  peace  with  one  another.  We  should 
never  forget  that  the  law  of  the  home  is  the  law  of  love,  serv- 
ice, and  sacn^^e^ 

QUESTIONS  AND  EXERCISES 

1.  What  is  the  average  number  of  persons  in  a  family  in  your  neigh- 
borhood? (Find  the  number  of  persons  in  the  families  of  your  ac- 
quaintance and  divide  this  number  by  the  number  of  families.) 

2.  Are  parents  responsible  for  the  actions  of  their  children? 

3.  Who  is  the  most  unselfish  m.ember  of  the  home? 

4.  Is  it  a  kindness  for  parents  to  live  beyond  their  means  for  the 
sake  of  their  children? 

5.  Name  some  bad  habits  that  children  are  guilty  of  in  their  homes. 

6.  What  sacrifices  do  parents  make  in  order  that  their  children  may 
be  kept  at  school? 

7.  How  may  parents  be  repaid  for  these  sacrifices? 

8.  Make  out  a  list  of  those  virtues  that  are  good  for  the  home. 

9.  (Not  to  be  answered  in  the  class  but  to  be  answered  silently.) 
Are  you  doing  what  you  can  to  make  your  home  happy?  Are  you 
allowing  jealousy  to  enter  into  your  home  life?  Are  you  as  unselfish 
in  your  home  as  you  should  be?  Are  you  tyrannical  and  willful  in  your 
actions? 


I  ( 


IV.  THE  GOVERNMENT  OF  THE  SCHOOL 


"The  school  should  be  pervaded  by  a  spirit  of  honesty  and  truth- 
fulness. It  should  inspire  its  pupils  with  a  manly  resistance  to  all 
temptations  to  deceive  or  be  false." — E.  E.  White. 

Pupils  Should  Know  Something  of  School  Government. 
— ^For  several  years  you  have  attended  school,  and  while  in 
school  you  have  found  that  you  are  under  a  government; 

that  you  cannot  do 
as  you  please;  that 
teachers  and  school 
officers  regulate  your 
conduct  in  many 
ways.  This  gov- 
ernment of  the 
school,  in  the  lives 
of  young  people,  is 
next  in  importance 
to  the  government 
of  the  family.  The 
present  happiness,  as  well  as  the  future  welfare  of  pupils, 
depends  in  a  large  degree  upon  how  the  school  which  they 
attend  is  governed.  Pupils,  therefore,  should  understand 
something  of  the  nature  of  school  government.  If  you 
will  study  this  subject  carefully,  you  will  understand  your 
teachers  better,  and  your  school  life  may  thereby  be  made 

24 


A  Schoolhouse 


THE  GOVERNMENT  OF  THE  SCHOOL  26 

pleasanter.  Very  frequently  trouble  arises  in  a  school- 
room merely  because  the  teacher  and  the  pupils  do  not  un- 
derstand each  other. 

School  Officers.— At  the  head  of  the  school  is  a  body  of 
officials  whose  duty  it  is  to  appoint  the  teacher  and  super- 
vise the  affairs  of  the  school.  This  governing  body  may 
control  only  the  one  school,  or  it  may  control  several.  It 
is  known  by  different  names  in  different  States.  In  some 
States  it  is  called  the  School  Committee;  in  others,  the 
Board  of  School  Trustees,  or  the  Board  of  School  Directors, 
or  the  Board  of  Education.  In  a  few  States  it  is  called  the 
Board  of  School  Visitors.  The  governing  body  is  either 
elected  by  the  voters  of  the  district  or  is  appointed  by 
some  other  authority.  In  all  the  States  every  public  school 
has  a  set  of  officers, — whatever  they  may  be  called, — who 
exercise  a  very  close  and  a  very  complete  direction  of  its 
affairs.  In  other  words,  every  school  has  its  governors  and 
its  government. 

The  Powers  and  Duties  of  School  Officers. — ^The  school 
officers  have  at  their  disposal  for  school  purposes  a  cer- 
tain amount  of  money  raised  by  taxation.  With  this 
money  they  pay  the  salary  of  the  teachers,  build  and  re- 
pair schoolhouses,  furnish  the  schools  with  fuel,  furniture, 
maps,  books,  and  other  supplies.  They  make  rules  for  the 
government  of  teachers,  and  sometimes  declare  what  stud- 
ies shall  be  taught.  They  may  make  rules  for  the  govern- 
ment of  pupils  if  they  choose  to  do  so,  although  generally 
they  allow  the  teachers  to  make  such  rules.  In  all  im- 
portant matters  relating  to  the  school  the  teachers  must 


26  HJVERY-DAY  GOVERNMENT 

consult  the  school  officers.  For  example,  a  teacher  may 
send  an  unruly  pupil  home  for  a  short  time,  but  he  seldom 
has  the  power  to  expel  the  pupil;  that  is,  it  is  only  the 
school  officers  who  may  take  away  from  the  pupil  entirely 
the  right  of  coming  to  the  school.  These  officers  determine 
the  hours  of  opening  and  closing  school;  they  fix  the  lengths 
of  recesses;  they  decide  when  a  hoUday  may  be  given; 
they  care  for  the  health  of  the  pupils.  Thus  we  see  that 
they  play  a  most  important  part  in  the  government  of  the 
school. 

The  Teacher. — ^Next  to  the  school  officers  in  the  gov- 
ernment of  the  school  comes  the  teacher.  So  far  as  the 
pupils  are  concerned,  the  teacher  is  the  real  head  of  the 
school.  The  duty  of  the  teacher  is  twofold, — he  must 
teach,  and  he  must  govern.  As  there  can  be  no  good 
teaching  where  there  is  not  good  government,  the  teacher 
must  make  every  effort  to  secure  obedience  and  good 
habits  in  his  pupils.  In  order  to  do  this,  he  usually  makes 
a  set  of  rules  for  the  guidance  of  the  school.  If  these 
rules  are  just  and  reasonable,  the  pupils  must  obey  them. 
If  a  pupil  refuses  to  obey  a  proper  rule,  he  may  be  pun- 
ished for  his  disobedience;  if  he  persists  in  disobeying,  he 
may  be  expelled  from  the  school. 

What  are  some  of  the  rules  that  a  teacher  may  make 
and  that  pupils  must  obey?  In  the  next  lesson  I  shall  men- 
tion a  few  of  those  rules  that  judges  in  courts  of  law  have 
found  reasonable  and  have  upheld  teachers  in  enforcing. 
The  rules  that  will  be  mentioned  are  such  as  no  pupil  can 
safely  disobey. 


THE  GOVERNMENT  OF  THE  SCHOOL  27 

QUESTIONS  AND  EXERCISES 

1.  What  is  the  governing  body  of  your  school  called?  How  is  it 
chosen?  What  are  the  names  of  its  members?  Make  out  a  list  of  its 
powers. 

2.  Do  you  know  the  boundaries  of  your  school  district?  Draw  a 
map  of  the  district,  locating  the  schoolhouse. 

3.  May  a  pupil  living  in  one  school  district  attend  school  in  an- 
other? 

4.  In  some  States  women  may  serve  as  school  officers.  Do  women 
serve  as  school  officers  in  your  school  district?  May  women  vote  for 
school  officers  in  your  school  district? 

5.  Draw  up  a  formal  petition  asking  your  School  Board  or  Commit- 
tee to  purchase  something  that  your  school  needs. 

6.  Is  a  pupil  on  his  way  to  or  from  school  under  the  govemment  of 
the  school  or  under  the  government  of  his  parents? 


V.    THE  GOVERNMENT  OF  THE  SCHOOL  {Continued) 

"The  seven  cardinal  virtues  of  the  school  are  regularity,  punctu- 
ality, neatness,  accuracy,  silence,  industry,  and  obedience." 

—E.  E.  White. 

Rules  that  Pupils  Must  Obey: 

Rule  I.  Pupils  must  not  he  tardy. — "Tardiness  is 
a  direct  injury  to  the  whole  school.  The  confusion  of 
hurrying  to  seats,  gathering  together  of  books,  etc.,  by 
tardy  ones,  at  a  time  when  all  should  be  at  study,  cannot 
fail  to  impede  the  progress  of  those  who  are  regular  and 
prompt  in  attendance.  The  rule  requiring  prompt  and 
regular  attendance  is  demanded  for  the  good  of  the  whole 
school.  It  is  therefore  a  rule  for  the  government  of  the 
school,  and  must  be  regarded  as  proper  and  reasonable." 

Rule  II.  Pupils  must  conduct  themselves  properly  while 

at  school. — "Henry  H was  expelled   from  school  by 

the  Committee  of  Rockport,  M ,  for  acts  of  misconduct, 

which  consisted  of  whispering,  laughing,  acts  of  playful- 
ness and  rudeness  to  other  pupils,  inattention  to  study, 
and  conduct  tending  to  cause  confusion  and  distract  the 
attention  of  other  scholars  from  their  studies  and  reci- 
tations." Henry  thought  the  expulsion  was  unjust,  and 
brought  suit  against  the  Committee.  The  judge  who  tried 
his  case  thought  that  the  boy  was  justly  expelled,  and 
decided  in  favor  of  the  Committee. 

28 


THE  GOVERNMENT  OF  THE  SCHOOL  29 

Rule  III.  Pupils  should  he  regular  in  attendance. — 
Pupils  may  be  forbidden  to  remain  absent  from  school 
without  a  satisfactory  excuse.  They  may  be  required  to 
bring  written  excuses  for  absence.  On  this  rule  a  judge, 
deUvering  an  opinion  in  court,  said:  ''Continued  or  re- 
peated absences  of  one  of  a  class  are  not  only  injurious  to 
the  absentee  but,  if  allowed  beyond  a  certain  point,  are 
calculated  to  demoraUze  those  who  attend  and  derange  the 
orderly  instruction  of  the  teacher."  Notice  that  the  judge 
was  not  so  much  interested  in  the  boy  who  was  absent  as 
he  was  in  the  pupils  who  were  regular  in  their  attendance. 
It  is  the  welfare  of  a  whole  school,  and  not  the  welfare  of 
a  single  person,  that  must  be  considered  when  making  a 
rule  for  the  government  of  pupils.  In  what  ways  does 
absence  interfere  with  the  general  work  of  the  school? 

Rule  IV.  Pupils  mu^t  not  play  truant. — ^When  a 
child  that  has  been  sent  to  school  by  its  parents  does  not 
come  to  school,  it  commits  truancy,  and  this  is  an  offense 
against  good  school  government.  In  some  States  and  in 
many  cities  truant  officers  are  employed  to  follow  up 
truants  and  bring  them  to  school.  Truancy  is  a  grave 
fault,  and  pupils  who  commit  it  are  liable  to  find  them- 
selves in  serious  trouble.  A  judge  in  a  court  of  law  is 
usually  severe  with  truants.  What  does  the  truant  lose 
by  remaining  away  from  school?  What  does  the  school 
lose? 

Duties  of  Teachers  and  Pupils.— The  few  rules  that 
have  been  given  are  such  as  have  been  found  neces- 
sary in  all  schools.    In  all  schools  children  must  be  punc- 


30  EVERY-DAY  GOVERNMENT 

tual,  they  must  be  obedient,  they  must  be  regular  in  their 
attendance,  they  must  not  play  truant.  Many  other  rules 
might  be  mentioned,  but  more  are  not  necessary.  After 
all,  a  school  is  not  made  good  by  rules.  A  good  school  is 
one  in  which  both  teachers  and  pupils  try  day  by  day  to 
do  their  duty.  What  is  meant  by  duty?  What  is  it  to  do 
one's  duty?  You  do  your  duty  when  you  do  what  your 
conscience  tells  you  is  right.  Try  to  find  out  what  is 
right,  and  when  you  have  decided  what  is  right,  act  for 
the  right,  and  you  have  done  your  duty.  It  is  sometimes 
hard  to  tell  what  is  right  and  what  is  wrong,  but  some 
things  are  pretty  clear. 

It  is  perfectly  clear  that  it  is  the  duty  of  the  teacher  to 
do  the  following  things: 

(1)  To  prepare  himself  thoroughly  in  the  subjects  that 
he  teaches. 

(2)  To  work  hard  for  the  advancement  of  all  his  pupils. 

(3)  To  treat  his  pupils  with  respect  and  kindness,  and 
to  extend  to  them,  whenever  he  can,  help  and  sympathy. 

(4)  To  set  an  example  of  right  living.     A  bad  man 
cannot  be  a  good  teacher. 

(5)  To  be  punctual.    A  teacher  cannot  expect  his  pupils 
to  be  prompt  if  he  allows  himself  to  be  tardy. 

(6)  To  be  careful  of  his  own  health  and  of  the  health 
of  his  pupils. 

(7)  To  train  his  pupils  in  such  habits  as  will  make  good 
men  and  women  of  them. 

These  are  a  few  of  the  duties  of  a  teacher.   Your  teacher 
has  doubtless  thought  much  upon  the  subject  of  his  duty, 


THE  GOVERNMENT  OF  THE  SCHOOL  31 

and  has  perhaps  read  books  upon  the  subject.  It  would 
not  be  strange  if  you  have  thought  very  little  of  your 
duty;  yet  as  pupils  you  have  your  duties,  and  you  ought 
to  learn  what  they  are  and  try  to  fulfill  them.  A  few  of 
the  most  important  duties  of  pupils  are: 

(1)  To  obey  cheerfully  the  four  rules  that  have  been 
stated. 

(2)  To  avoid  wasting  their  own  time  or  the  time  of 
their  fellow-pupils  by  whispering,  passing  notes,  or  mak- 
ing unnecessary  noises  in  the  schoolroom. 

(3)  To  be  kind  and  respectful  to  their  teachers  and 
schoolmates. 

(4)  To  be  truthful  in  all  things. 

(5)  To  be  loyal  to  the  school  and  to  support  the  teacher 
in  his  efforts  to  improve  it. 

(6)  To  be  neat  and  clean  in  dress  and  person. 

(7)  To  avoid  speaking  ill  of  their  classmates. 

(8)  To  avoid  slandering  or  misrepresenting  the  teacher. 

(9)  To  avoid  bearing  tales. 

(10)  To  refrain  from  cutting,  marking,  injuring,  or  de- 
facing school  property. 

(11)  To  obey  all  signals  promptly. 

(12)  To  conduct  themselves  properly  on  the  way  to 
and  from  school. 

There  are,  of  course,  other  duties  besides  those  men- 
tioned above.  In  the  schoolroom,  as  elsewhere,  there 
are  constantly  arising  questions  of  duty  that  can  be  set- 
tled only  by  taking  into  consideration  particular  facts  and 
circumstances.     In  all  cases,  however,  the  rule  is  the 


32  EVERY-DAY  GOVERNMENT 

same:  Do  right,  forget  self,  and  do  what  your  conscience 
tells  you  to  do.  By  following  the  path  of  duty  a  pupil 
will  help  to  make  his  school  what  it  ought  to  be — a  place 
where  the  minds  and  hearts  of  boys  and  girls  are  trained 
for  the  highest  manhood  and  womanhood. 

QUESTIONS  AND  EXERCISES 

1.  From  the  list  of  duties  of  pupils  given  in  the  lesson  a  most  im- 
portant duty  is  omitted.     What  is  the  duty? 

2.  Make  a  list  of  duties  that  parents  owe  to  the  school. 

3.  Make  a  list  of  duties  that  teachers  owe  to  parents. 

4.  Name  the  qualities  that  teachers  like  in  pupils. 

5.  Name  the  qualities  that  pupils  like  in  teachers. 

6.  When  things  go  wrong  with  pupils  at  home,  do  they  ever  take 
their  spite  out  in  the  schoolroom? 

7.  What  does  the  word  impartial  mean?    Can  a  teacher  be  per- 
fectly impartial? 

8.  In  your  conduct  towards  your  teachers  and  schoolmates,  do 
you  follow  the  "  golden  rule  "  ? 

9.  Discuss  "cheating"  and  "copying." 

10.  Name  some  of  the  benefits  of  education. 


VI.    CITIZENSHIP:  WHO  ARE  CITIZENS 

"The  ideal  citizen  is  the  man  who  believes  that  all  men  are  brothers, 
and  that  the  nation  is  merely  an  extension  of  his  family,  to  be  loved, 
respected,  and  cared  for  accordingly." — Habberton. 

Introduction. — We  have  studied  the  government  of  the 
family  and  the  government  of  the  school,  and  have  learned 
something  of  the  rights  and  duties  of  the  members  of  a 
household,  and  also  something  of  the  rights  and  duties  of 
pupils  and  teachers.  The  governments  that  we  shall  study 
hereafter  are  those  that  we  meet  outside  of  the  family 
and  school.  They  are  governments  that  include  a  much 
larger  number  of  people  than  either  the  family  or  the 
school.  A  family  seldom  consists  of  more  than  a  dozen 
persons,  while  the  school  seldom  numbers  more  than  sev- 
eral hundred  pupils.  But  the  larger  governments  that 
you  will  be  interested  in  when  you  go  out  from  school  con- 
sist of  many  thousands,  and  some  of  them  of  millions,  of 
people.  They  are  governments,  therefore,  far  more  diffi- 
cult to  understand  than  that  of  the  family  or  the  school. 

We  shall  be  able  to  understand  the  workings  of  the 
larger  governments  better  if  we  first  learn  something  about 
the  subject  of  citizenship.  Since  this  is  a  very  great  sub- 
ject it  will  take  several  lessons  to  dispose  of  it  properly. 

Meaning  of  the  Word  "  Citizen." — Let  us  begin  our 
study  of  the  great  subject  of  citizenship  by  tr3dng  to 
learn  what  is  meant  by  the  word  citizen.  In  the  strict 
F.  Civil  Govt.— 3  33 


34  CITIZENSHIP 

meaning  of  the  word  a  citizen  used  to  be  one  who  had  the 
rights  and  privileges  of  an  inhabitant  of  a  city;  but  the 
word  now  means  more  than  this.  A  citizen  is  one  who  has 
the  rights  and  privileges  of  the  inhabitants  of  a  State 
or  nation.  As  a  member  of  the  family  you  have  certain 
rights  and  duties  under  the  family  government;  as  a 
member  of  a  school  you  have  certain  rights  and  duties 
under  the  government  of  the  school;  and  so,  as  one  of  the 
inhabitants  of  a  nation,  you  have  certain  rights  and  duties 
under  the  government  of  that  nation. 

Any  one  born  in  a  country  is  a  citizen  of  that  country. 
If  you  were  born  in  the  United  States,  you  are  a  citizen 
of  the  United  States.  The  rank  of  citizen  does  not  belong 
to  grown  men  alone,  for  women  and  children  are  as  truly 
citizens  as  men  are.  To  be  a  citizen  is  simply  to  be  a 
recognized  member  of  a  community,  and  one  test  of  such 
membership  is  birth  within  the  community. 

Alien$. — But  there  are  many  people  among  us  who 
Were  not  born  in  the  United  States.  Thousands  come  to 
our  shores  every  week  from  foreign  countries.  A  foreigner 
is  a  citizen  of  another  country,  and  is  for  that  reason  called 
an  alien,  a  word  which  means  another.  Aliens  have  not  so 
many  rights  and  privileges  as  citizens  have.  As  a  rule  they 
are  not  allowed  to  vote,  and  in  some  States  they  are  not 
allowed  to  hold  land  in  their  own  names.  As  they  are  citi- 
zens of  another  country  it  is  not  just  that  they  should 
share  all  the  privileges  of  citizens  of  this  country.  A  per- 
son cannot  be  a  citizen  of  two  different  countries  at  the 
same  time. 


WHO  ARE  CITIZENS 


35 


Naturalization. — Many  of  the  aliens  living  among  us  con- 
tinue to  be  citizens  of  the  country  in  which  they  were  born. 
Yet  if  they  so  desire  they  can  be  naturalized,  that  is,  they 
can  be  made  citizens  of  our  country  by  a  process  of  law 
called  naturalization.  Before  an  alien  can  be  naturalized, 
he  must  have  lived  five  years  in  this  country. 

An  alien  who  wishes  to  be  naturaUzed  must  first  go  into 
some  court  of  law  and  declare  upon  oath  before  a  judge  that 


Immigrants  Arriving  at  Ellis  Island,  New  York 

he  intends  to  become  a  citizen  of  the  United  States.  This 
is  called  '^declaring  his  intention."  Not  less  than  two 
years  nor  more  than  seven  years  after  he  has  declared 
his  intention,  the  alien  must  again  appear  in  court  and 
swear  that  he  renounces  forever  all  allegiance  to  any 
foreign  country  and  especially  to  the  country  of  which 
he  is  at  the  time  a  citizen.  He  must  also  swear  to  sup- 
port the  Constitution  of  the  United  States.  If  the  judge 
finds  that  the  alien  is  able  to  speak  the  English  language 
and  write  his  own  name,  that  he  has  resided  in  the  United 


36  CITIZENSHIP 

States  for  five  years,  and  that  he  is  a  person  of  good  mora\ 
character,  the  ahen  will  then  be  declared  to  be  a  citizen 
of  the  United  States  and  will  have  the  same  rights  as 
native-born  citizens,  except  that  he  can  never  become  the 
President  or  Vice  President  of  the  United  States. 

There  are  certain  classes  of  aliens  who  are  not  allowed 
to  be  naturahzed,  no  matter  how  long  they  may  live  here. 
Alien  Chinese  and  Japanese  cannot  be  naturalized  and 
therefore  cannot  become  citizens  of  the  United  States. 
Anarchists — persons  opposed  to  all  forms  of  organized 
government — are  also  refused  the  gift  of  naturalization. 

QUESTIONS  AND  EXERCISES 

1.  What  is  the  difference  between  a  citizen  and  a  subject? 

2.  What  is  an  immigrant?    An  emigrant? 

3.  What  is  meant  by  the  word  allegiance? 

4.  What  body  makes  the  rules  governing  the  process  of  naturaliza- 
tion? (Examine  the  Constitution  of  the  United  States,  Art.  1,  Section  8, 
Clause  4.) 

5.  Do  you  think  these  rules  are  wise  and  just?  Would  it  be  right 
to  require  that  aliens,  before  they  are  naturalized,  should  be  able  to 
read  the  Constitution  that  they  swear  to  support? 

6.  What  is  meant  by  the  word  expatriation?  Should  a  person  be 
allowed  to  expatriate  himself  in  time'cT'T^aT? 

7.  Are  there  many  foreigners  (aliens)  in  your  neighborhood?  If  so, 
of  what  countries  are  they  citizens? 

8.  Would  you  make  it  easier  or  more  difficult  for  foreigners  to  be 
naturalized? 


VII.    CITIZENSHIP:  CIVIL  RIGHTS 

•*What  is  liberty  without  wisdom  and  without  virtue?  It  is  folly, 
vice,  and  madness." — Edmund  Burke. 

Civil  and  Political  Rights. — We  shall  now  learn  of 
those  rights  of  which  American  citizens  are  so  proud. 
The  rights  of  the  citizen  may  be  divided  into  two  classes: 
(1)  his  civil  rights,  and  (2)  his  political  rights.  Civil  rights 
are  those  that  are  enjoyed  by  all  citizens,  whether  men, 
women,  or  children.  Political  rights  are  such  as  adult  citi- 
zens have  of  sharing  in  government.  Thus  the  right  to 
vote  and  the  right  to  hold  office  are  political  rights.  In 
this  lesson  and  in  the  next  we  shall  learn  of  civil  rights. 
Nearly  all  civil  rights  are  possessed  by  aliens  as  well  as  by 
citizens. 

The  Right  to  Personal  Security  is  the  right  to  be  secure 
from  injury  to  body  or  to  health.  If  a  person  is  attacked, 
if  violent  hands  are  laid  upon  him,  he  can  call  upon  the  gov- 
ernment to  defend  him.  Policemen,  sheriffs,  and  constables 
are  employed  at  public  expense  to  secure  citizens  from 
harm.  If  a  citizen  is  attacked,  and  he  cannot  get  the  im- 
mediate aid  of  an  officer,  he  has  the  right  to  defend  himself. 
If  a  burglar  breaks  into  a  house  at  night,  the  occupant  of  the 
house,  in  defense  of  himself  and  family,  may  lawfully  kill 
him.  If  a  citizen  is  threatened  harm  by  a  person,  he  may 
have  the  one  who  threatens  him  taken  before  a  magistrate 
and  bound  with  sureties  to  keep  the  peace.    If  the  health 

37 


3^  CITIZENSHIP 

of  citizens  is  threatened  by  some  nuisance,  as  by  poisonous 
fumes  from  a  factory,  or  by  a  careless  accumulation  of  filth, 
the  citizens  may  call  upon  the  government  to  have  the 
nuisance  removed  or  abated.  In  these  and  in  many  other 
ways  the  government  cares  for  the  personal  safety  and 
happiness  of  the  citizen. 

Personal  Liberty ;  Habeas  Corpus. — Another  right  that 
all  citizens  enjoy  is  the  right  of  personal  liberty.  By  this 
is  meant  the  right  to  move  about  freely  from  place  to 
place  without  hindrance,  to  choose  a  place  of  residence, 
and  to  engage  in  whatever  occupation  one  may  see  fit. 
Of  course  while  you  are  under  the  charge  of  your  parents 
you  cannot  enjoy  this  right  so  fully  as  you  will  when  you 
shall  come  of  age. 

The  right  of  personal  liberty  is  one  of  the  mostji^uable 
rights  that  free  men  possess.  In  olden  times  a  powerful 
manT'could  throw  a  humble  man  into  a  dungeon  and 
keep  him  there  as  long  as  he  desired.  In  our  day  such  a 
wrong  cannot  be  inflicted  upon  a  citizen.  No  citizen  in 
this  country  may  be  imprisoned  by  a  private  person,  nor 
may  any  one  be  imprisoned  at  all  without  just  cause.  If 
a  person  is  thrown  into  prison,  or  is  put  into  confinement 
against  his  will,  he  has  the  right  to  a  writ  of  habeas  corpus. 
Every  one  should  know  something  of  this  famous  writ,  for 
it  is  the  greatest  safeguard  of  personal  liberty. 

Let  us  see  what  the  writ  of  habeas  corpus  is  and  what  it 
does  for  the  citizen.  Suppose  you  are  thrown  into  prison 
unjustly,  or  that  you  are  confined  in  some  place  against 
your  will;  how  shall  you  get  out?    Somebody  who  is  in- 


CIVIL  RIGHTS  39 

ierested  in  you,  perhaps  it  will  be  a  lawyer,  will  go  at  once 
to  a  judge  of  a  court  and  ask  that  you  be  taken  out  of 
prison  immediately  and  brought  before  a  judge  in  order 
that  your  case  may  be  heard.  The  judge  is  bound  to 
grant  this  request;  he  is  bound  to  have  you  brought  be- 
fore him  at  once.  He  at  once  issues  a  writ  of  habeas  cor- 
pus. This  writ  is  an  order  to  the  sheriff,  or  whoever  it  is 
that  is  keeping  you  in  confinement,  to  bring  you  before  the 
court.  When  you  are  brought  before  the  judge,  if  it  is 
found  that  you  are  wrongfully  confined,  you  are  restored 
to  your  freedom.  If  the  judge  should  find  that  there  is 
good  reason  for  believing  you  have  committed  a  crime,  he 
will  send  you  back  to  jail  to  await  a  regular  trial.  Thus 
we  see  that  the  writ  of  habeas  corpus  ^ves  quick  relief  to 
a  person  who  has  been  unjustly  imprisoned.  In  times  of 
war  or  great  public  danger,  this  writ  may  be  suspended, 
and  when  it  is  suspended  a  citizen  may  be  confined  in 
prison  for  no  cause  whatever. 

The  Right  of  Private  Property. — A  citizen  has  the 
right  to  hold  property  in  his  own  name,  and  the  govern- 
ment must  protect  him  in  the  enjoyment  of  this  property. 
If  any  one  attempts  to  deprive  a  man  of  something  that  he 
lawfully  owns,  the  government  will  come  to  the  aid  of  the 
owner  and  will  punish  the  offender.  If  a  mob  burns  down 
a  house,  or  in  some  other  way  destroys  property,  the  local 
government  can  sometimes  be  compelled  to  make  good 
the  loss  to  the  owner.  It  is  the  duty  of  the  government 
to  protect  property,  as  it  is  the  duty  of  the  government  to 
protect  life  and  liberty. 


40  CITIZENSHIP 

Besides  the  right  to  enjoy  in  peace  the  property  one 
owns,  one  has  the  right  to  acquire  more  property  by 
labor  or  by  trade  or  by  the  exercise  of  one's  talents. 
This  right  of  acquiring  property  is  sometimes  abused.  In 
the  pursuit  of  wealth  a  man  has  no  moral  right  to  disre- 
gard the  just  rights  of  others.  Too  often  men  think  only 
of  themselves  and  do  not  hesitate  to  take  for  themselves 
what  in  strict  right  belongs  to  some  one  else.  But  no 
truly  good  citizen  will  do  this.  A  good  citizen  will  follow 
the  rule:  Render  unto  others  their  due.  We  cannot  all 
be  rich,  but  we  can  all  be  honest  and  just. 

QUESTIONS  AND  EXERCISES 

1.  Read  Green's  "Short  History  of  the  EngHsh  People,"  chapter  III, 
and  prepare  a  composition  on  "  King  John  and  the  Great  Charter." 

2.  What  do  the  words  habeas  corpus  mean?  What  does  the  constitu- 
tion of  your  State  say  about  the  writ  of  habeas  corpus? 

3.  A  farmer  shot  and  seriously  injured  a  boy  who  was  in  his  tree 
stealing  chestnuts.  Ought  the  farmer  to  have  been  punished  for  this 
act? 

4.  What  rights  are  declared  in  the  Declaration  of  Independence? 


VIII.    CITIZENSHIP:  CIVIL  RIGHTS  (Continued) 

"Liberty  is  part  of  the  precious  heritage  which  our  God  brought 
down  with  him  from  heaven  to  the  earth  and  left  to  us,  his  sons.  Let 
no  one  therefore  marvel  that  we  should  hold  it  beyond  all  price,  dearer 
to  us  than  our  lives." — Cardinal  Gibbons. 

The  Right  of  Religious  Freedom.— The  American  citi- 
zen is  free  to  worship  God  according  to  the  dictates  of  his 
own  conscience.  In  many  of  the  countries  of  the  world 
the  citizens  are  compelled  to  help  in  the  support  of  some 
particular  church  known  as  the  Established  Church,  but 
in  the  United  States  the  government  has  nothing  what- 
ever to  do  with  reUgion.  You  can  choose  your  own  church 
and  can  give  towards  its  support  as  much  or  as  httle  as 
it  suits  you  to  give.  You  may  believe  and  worship  as  you 
please  without  losing  any  of  your  rights  as  a  citizen, 
although  in  a  few  States  a  person  must  believe  in  a  God 
or  he  will  not  be  allowed  to  hold  certain  offices.  Perhaps 
there  is  no  country  in  the  world  where  the  citizens  enjoy 
greater  freedom  in  rehgious  matters  than  is  enjoyed  in 
America. 

The  Right  of  Freedom  of  Speech. — ^As  a  citizen  you  are 
free  to  speak  and  write  on  any  subject,  but  you  must  not 
abuse  this  right.  If  you  slander  a  person,  you  take  from 
him  his  good  name,  and  that  is  much  worse  than  it  would 
be  to  take  from  him  his  coat  or  his  watch.  So  our  free- 
dom of  speech  will  not  permit  us  to  slander  our  neighbor 

41 


42  aXIZENSHIP 

or  talk  about  him  in  such  a  way  as  to  lower  his  standing 
in  the  community.  The  government  will  defend  a  person's 
reputation  as  faithfully  as  it  defends  a  person's  property, 
and  courts  will  award  damages  for  slander  as  quickly  as  for 
destroying  property. 

The  Right  of  Freedom  of  the  Press. — ^Along  with  the 
right  of  free  speaking  goes  the  right  of  free  printing.  A 
citizen  is  free  to  print  and  publish  his  sentiments  ar^d 
thoughts  on  any  subject,  and  no  law  will  take  this  right 
away  from  him.  But  here  again  the  privilege  must  not 
be  abused.  If  a  person  publishes  false  and  malicious  state- 
ments about  another  he  is  guilty  of  an  offense  known  as 
libel,  and  the  laws  regard  libel  as  a  crime  and  will  punish 
it  as  such.  Very  often  the  newspapers  in  their  criticisms 
of  people  go  too  far,  and  sometimes  it  seems  that  the  free- 
dom of  the  press  is  really  a  bad  thing.  But  as  a  matter  of 
fact  our  free  press,  in  spite  of  its  shortcomings,  is  one  of 
our  greatest  blessings.  If  we  should  take  away  from  the 
newspapers  their  freedom  to  print  what  they  please,  we 
should  do  great  harm  to  all  kinds  of  freedom.  A  free  press 
means  a  free  country. 

The  Right  of  Assembly. — ^American  citizens  have  the 
right  to  come  together  and  discuss  in  public  such  ques- 
tions as  they  may  care  to  discuss.  At  their  meetings  the 
people  are  free  to  express  their  views  and  declare  their 
purposes  fully  and  freely.  Pubhc  meetings,  however,  must 
not  be  violent  or  disorderly,  and  they  must  not  lead  to 
violence  or  lawlessness.  If  a  number  of  citizens  should 
come  together  for  the  purpose  of  making  plans  to  over- 


CIVIL  RIGHTS  43 

throw  the  government,  the  police  would  interfere  and 
break  up  the  meeting. 

The  Right  of  Petition.— A  citizen  has  the  right  to  be 
heard  on  all  questions  concerning  the  public  welfare.  If 
you  think  a  certain  law  ought  to  be  passed  you  have  a 
right  to  ask  the  lawmaking  body  to  pass  it.  If  you  think 
the  government  should  follow  a  certain  course  of  action 
you  have  a  right  to  make  known  your  wishes  and  desires 
to  the  officers  of  government.  In  making  your  petition, 
however,  you  must  be  quiet  and  peaceable  and  must  do 
nothing  disorderly  and  unlawful. 

The  Right  of  Protection  in  the  Home.— The  American 
citizen  is  protected  in  the  enjoyment  of  his  home.  No 
soldier  in  time  of  peace  may  be  quartered  in  any  house 
without  the  consent  of  the  owner,  nor  in  time  of  war  ex- 
cept in  a  lawful  manner.  Soldiers,  in  other  words,  are  not 
allowed  to  enter  a  home  and  disregard  its  sacred  privi- 
leges. 

Nor  may  officers  of  government  disregard  the  sacred 
character  of  the  home.  People  are  secure  in  their  homes 
against  unreasonable  searches,  and  no  officer  may  enter 
a  house  for  the  purpose  of  searching  it  unless  he  has  a 
warrant  written  out  by  the  proper  magistrate.  And  no 
magistrate  is  allowed  to  issue  a  warrant  for  searching  a 
man's  house  unless  there  is  good  evidence  to  show  that 
the  house  ought  to  be  searched.  There  are  times,  it  is 
true,  when  a  man's  house  may  be  entered  without  a  writ- 
ten warrant,  as  when  a  cry  of  murder  is  heard  within, 
or  when  it  is  known  that  a  criminal  is  concealed  within, 


44  CITIZENSHIP 

but,  generally  speaking,  a  man's  house  is  his  castle  and 
no  person  may  enter  that  castle  without  a  proper  war- 
rant. 

The  Right  of  Due  Process  of  Law. — No  citizen  of  the 
United  States  can  be  deprived  of  his  Hfe,  his  liberty,  or  his 
property  without  due  process  of  law.  What  is  meant  by 
due  process  of  law  is  not  very  easy  to  learn,  for  each  of  the 
States  has  its  own  law,  and  what  is  due  process  in  one 
State  may  not  be  due  process  in  another.  Still  if  you  will 
read  carefully  the  fifth,  sixth,  and  eighth  amendments  to 
the  Constitution  of  the  United  States  you  can  form  a  very 
good  notion  of  the  rights  that  come  to  you  through  the 
right  of  due  process  of  law;  for  there  are  similar  provisions 
also  in  the  constitutions  of  the  States.  According  to  these 
amendments — 

(1)  A  person  accused  of  a  serious  crime  must  first  be  in- 
dicted by  a  grand  jury  and  then  be  tried  by  a  petit  jury.* 

(2)  In  cases  where  the  punishment  is  death,  a  person 
shall  not  be  tried  twice  for  the  same  offense. 

(3)  A  person  shall  not  be  compelled  to  be  a  witness 
against  himself. 

(4)  A  person  accused  of  a  crime  must  be  informed  of 
the  nature  and  cause  of  the  accusation,  must  be  brought 
face  to  face  with  his  accusers,  must  have  power  to  bring 
into  court  witnesses  in  his  favor,  and  must  have  a  lawyer 
to  defend  him. 

(5)  Excessive   baiP   shall   not   be   required,  excessive 

*  The  jury  system  is  explained  on  pages  146-148;  bail  on  page 
145. 


CIVIL  RIGHTS  46 

fines  shall  not  be  imposed,  cruel  and  unusual  punishments 
shall  not  be  inflicted. 

The  Right  to  Equal  Protection  of  the  Laws. — The  gov- 
ernment in  its  dealing  with  persons  must  treat  all  alike. 
It  must  not  make  fish  of  one  and  fowl  of  another.  All 
persons,  whether  they  be  black  or  white,  rich  or  poor,  hum- 
ble or  high,  citizen  or  alien,  are  equal  in  the  eye  of  the  law 
and  must  receive  the  equal  protection  of  the  laws. 

The  Right  of  Protection  on  the  High  Seas  and  in  For- 
eign Lands.— In  whatever  part  of  the  world  an  American 
citizen  may  go,  whether  he  is  out  on  the  ocean  or  in  China 
or  Persia  or  Denmark,  his  citizenship  goes  with  him  to 
protect  and  defend  him.  When  you  are  in  a  foreign 
country  you  must  abide  by  the  laws  of  that  country,  but 
if  the  government  of  a  foreign  country  should  treat  you 
unjustly  the  United  States  would  stretch  out  its  powerful 
arm  to  protect  you. 

EXERCISES 

1.  Memorize: 

Good  name  in  man  and  woman,  dear  my  lord, 
Is  the  immediate  jewel  of  their  souls; 
Who  steals  my  purse  steals  trash;  'tis  something,  nothing; 
'Twas  mine,  'tis  his,  and  has  been  slave  to  thousands; 
But  he  that  filches  from  me  my  good  name 
Robs  me  of  that  which  not  enriches  him, 
And  makes  me  poor  indeed. — Stiakespcare. 

2.  Read  Green's  "  Short  History  of  the  English  People,"  chapter  VIII, 
and  write  a  composition  on  "King  Charles  I  and  the  Rights  of  the 
People." 

3.  Make  out  a  list  of  the  rights  of  citizenship  mentioned  in  Les- 
sons VII  and  VIII;  arrange  these  rights  in  the  order  of  their  impor- 
tance, placing  the  most  important  right  first. 


IX.    CITIZENSHIP:  WHO  ARE  VOTERS 

"Voters  are  the  uncrowned  kings  who  rule  the  nation." — Morgan. 

The  Right  of  Suffrage.— Civil  rights,  we  have  learned, 
are  those  rights  enjoyed  by  all  citizens,  old  and  youngs 
rich  and  poor,  educated  and  ignorant.  Political  rights  are 
enjoyed  only  by  those  citizens  who  are  old  enough  and 
wise  enough  to  exercise  them  properly. 

The  greatest  political  right  of  citizens  is  the  right  of 
suffrage.  The  word  suffrage  is  derived  from  a  Latin  word 
which  originally  meant  a  piece  of  a  broken  pot;  for  in  olden 
times  a  man  was  voted  for  by  casting  for  him  potsherds,  or 
pieces  of  broken  pottery,  instead  of  ballots.  The  right  of 
suffrage  is  the  right  of  voting.  Voters  are  sometimes  called 
electors,  that  is,  choosers.  To  vote  is  to  express  a  choice  for 
this  or  that  man  for  an  office,  or  for  the  enactment  of  this  or 
that  law. 

What  citizens  are  voters  or  electors?  Answers  to  this 
question  will  be  different  in  the  different  States  of  the 
Union,  for  the  right  of  voting  is  given  by  the  State.  In 
every  State,  however,  there  are  certain  qualifications,  cer- 
tain marks  of  fitness,  required  of  a  citizen  before  he  is  al- 
lowed to  exercise  the  right  to  vote.   These  qualifications  are : 

(1)  Age. — ^To  be  a  voter  one  must  be  at  least  twenty-one 
years  of  age.    It  is  thought  that  a  person  younger  than 


WHO  ARE  VOTERS  47 

this  does  not  know  enough  to  vote  intelligently,  and 
such  is  usually  the  fact. 

(2)  Sex,  —  In  most  of  the  States  a  voter  must  be  a 
citizen.  In  Wyoming,  Colorado,  Utah,  Idaho,  Wash- 
ington, California,  Arizona,  Kansas,  Oregon,  Montana, 
and  Nevada,  women  share  the  right  of  suffrage  equally 
with  men.  In  these  eleven  States  women  may  not  only 
vote,  but  they  may  hold  office  and  otherwise  take  part 
in  pubUc  affairs.  In  many  of  the  States  women  have 
the  right  to  vote  upon  school  matters  and  women  tax- 
payers may  vote  upon  questions  on  which  only  tax- 
payers have  the  right  to  be  heard. 

(3)  Residence, — A  citizen  may  not  vote  imtil  he  has  hved 
a  certain  time  in  the  State,  and  in  the  city  or  county  in 
which  he  desires  to  cast  his  vote.  A  stranger  coming  into 
a  place  should  not  be  allowed  to  take  a  part  in  its  govern- 
ment until  he  has  first  had  time  to  inform  himself  upon 
public  matters.  For  this  reason  every  State  requires  that 
a  citizen  shall  ''gain  a  residence'^  before  he  is  permitted 
to  vote.  In  a  few  States  he  must  wait  two  years  before 
he  can  vote,  in  most  of  the  others  one  year,  but  in  some 
States  a  residence  of  only  six  months  is  required. 

(4)  Property;  Poll  Tax. — In  times  past  a  citizen  was 
not  allowed  to  vote  unless  he  was  the  owner  of  a  cer- 
tain amount  of  property,  but  in  our  day  a  man  may  vote 
even  though  he  owns  no  property  at  all.  In  a  few  States 
there  is  a  small  poll  tax  that  every  male  citizen  of  age 
must  pay,  no  matter  how  poor  he  may  be.  If  this  poll 
tax  is  not  paid,  the  right  to  vote  is  withheld.  If  we 
except  this  poll  tax,  the  right  to  vote  is  given  to  all 
without  any  expense. 


48  CITIZENSHIP 

(5)  Education. — In  most  of  the  States  the  right  to  vote 
is  given  to  the  ignorant  as  well  as  to  the  educated.  A 
person  may  not  be  able  to  read  or  write  his  name,  and 
yet  may  vote.  Of  course  such  a  person  seldom  knows 
what  he  is  doing;  he  cannot  make  an  intelligent  choice; 
he  either  votes  bhndly  or  he  votes  as  some  one  tells  him. 
Several  States  demand  that  a  person  shall  be  able  to  read 
and  write  before  he  is  allowed  to  vote. 

Persons  Who  May  Not  Vote.— There  are  several  classes 
of  men  who  may  not  vote,  although  they  are  old  enough 
and  have  lived  in  the  State  as  long  as  is  required  by 
law: 

(1)  Aliens, — ^We  have  learned  what  is  meant  by  the 
word  alien.  When  an  alien  has  been  naturalized,  that 
is,  when  he  has  been  made  a  citizen,  he  then  has  the  right 
to  vote.  This  is  the  general  rule,  although  a  State  may,  if 
it  sees  fit,  allow  an  alien  to  vote,  and  it  may  refuse  to  allow 
a  man  who  has  been  naturalized  the  right  to  vote:  for  it 
should  be  understood  clearly  that  the  State  gives  the  right 
of  voting  to  whom  it  pleases  and  withholds  the  right  from 
whom  it  pleases.  Several  States  give  the  suffrage  to  aliens 
who  have  declared  their  intention  to  become  citizens. 

(2)  Criminals. — ^A  criminal,  that  is,  a  person  who  has 
been  convicted  of  theft,  or  murder,  or  arson,  or  some 
other  crime,  is  not  allowed  to  vote.  But  if  a  man  who  was 
once  imprisoned  for  crime,  has  been  lawfully  pardoned,  the 
righ^  of  suffrage  is  restored  to  him  with  his  freedom. 

(3)  IdiotSf  lunatics,  and  imbeciles  are  not  allowed  to 
vote. 


WHO  ARE  VOTERS  49 

(4)  Paupers, — ^As  a  rule  paupers  supported  in  an  alms- 
house at  the  expense  of  the  public  are  not  allowed  to  vote. 

Registration.— In  nearly  every  State  a  person  who  wishes 
to  vote  must  first  have  his  name  registered,  that  is,  he 
must  have  it  properly  enrolled  in  the  list  of  voters.  In 
every  voting  district  there  is  a  Board  of  Registrars,  con- 
sisting of  two  or  more  persons,  whose  duty  it  is  to  make 
out  a  list  of  the  names  of  all  citizens  in  the  district  who 
have  a  right  to  vote.  As  a  rule,  one  wishing  to  vote  must 
appear  before  the  Registrars  several  weeks  before  election 
day  and  state  his  name,  age,  birthplace,  and  where  he 
lives.  If  the  Registrars  find  that  he  has  all  the  qualifi- 
cations of  a  voter,  his  name  will  be  enrolled  upon  the  vot- 
ing list — he  will  be  registered. 

QUESTIONS  AND  EXERCISES 

1.  Ought  it  to  be  required  of  a  voter  that  he  own  a  certain  amount  of 
property?  Ought  it  to  be  required  of  a  voter  that  he  be  able  to  read 
and  write? 

2.  Do  you  favor  woman  suffrage?    If  so,  why?    If  not,  why  not? 

3.  For  what  reason  is  the  right  of  voting  withheld  from  paupers? 

4.  Do  you  feel  that  you  could  now  vote  intelligently? 

5.  State  accurately  the  qualifications  for  voting  in  your  State.  (Ex- 
amine your  State  constitution.) 

6.  Is  registration  required  in  your  State?  In  all  voting  districts,  or 
only  in  cities  of  more  than  a  certain  population?  (Examine  the  Elec- 
tion Law  of  your  State.) 

7.  Discuss  the  words  elector,  resident,  inhabitant,  denizen,  citizen. 


F.  Civil  Govt.— 4 


X.    CITIZENSHIP:  ELECTIONS 

"  The  proudest  now  is  but  my  peer, 

The  highest  not  more  high; 
To-day,  of  all  the  weary  year, 

A  king  of  men  am  I. 
To-day,  alike  are  great  and  small, 

The  nameless  and  the  known; 
My  palace  is  the  people's  hall. 

The  ballot  box  my  throne!" — Whittier. 


At  the  Polls.— On  election  day  every  qualified  citizen 
should  go  to  the  polls  and  vote.  The  polls  are  simply  a 
room  where  several  election  officers  meet  for  the  pur- 
pose of  receiving  and  counting  the  ballots  of  the  voters 
of  an  election  district.  When  a  voter  enters  the  polls, 
he  gives  his  name  to  the  officers,  who  have  the  registra- 
tion list  before  them.  When  his  name  is  found  on  the 
list,  it  is  checked  off,  and  a  ballot  is  given  to  him.  A  ballot 
is  a  slip  or  sheet  of  paper  upon  which  are  printed  the 
names  of  the  political  parties  and  the  names  of  their 
candidates  for  election.  The  voter  takes  his  ballot  and 
passes  into  a  small  booth  where  he  cannot  be  seen  by 
any  one.  In  the  booth  he  finds  writing  material  and  a 
shelf  or  desk  on  which  he  may  write.  After  he  has  marked 
his  ballot  in  a  way  that  shows  how  he  wishes  to  vote,  the 
voter  folds  his  ballot  so  that  the  marks  cannot  be  seen. 
He  then  returns  to  the  place  where  the  officers  sit,  and  his 
ballot  is  put  into  a  large  box,  which  is  usually  made  of  glass. 

The  foregoing  is  the  method  of  voting  followed  in  most 

50 


ELECTIONS 


51 


States.  It  is  known  as  the  "Australian  System,"  because 
it  was  first  adopted  in  Australia.  In  some  States  there 
is  a  separate  ballot  for  the  candidates  of  each  party;  the 
voter  is  given  a  set  of  these  ballots,  and  goes  into  the  booth 
to  make  his  choice,  or  to  write  a  new  ballot.  The  Aus- 
tralian system  is  the  best  method  of  voting  that  has  thus 


The  Polls 


far  been  tried,  except  perhaps  the  voting  machine,  which 
likewise  provides  for  a  secret  vote.  Voting  machines  are 
coming  into  use  in  some  States. 

A  long  time  ago  men  used  to  vote  by  calling  out  in  a 
loud  voice  the  name  of  their  favorite  candidate.  But 
this  method  often  led  to  quarrels  and  fights,  and  it  had 
to  be  abandoned.  The  open  ballot  was  then  tried.  By 
this  method  the  voter  cast  his  ballot  before  the  judges 


62  CITIZENSHIP 

and  bystanders  in  such  an  open  way  that  any  one  who 
desired  could  see  how  he  had  voted.  This  led  to  bribery, 
A  sum  of  money  would  be  given  the  voter  for  voting  in  a 
certain  way,  and  the  man  who  gave  him  the  money  would 
follow  him  up  to  the  polls,  and  watch  him  to  see  that  he 
voted  the  way  he  was  paid  to  vote.  The  open  ballot  also 
led  to  intimidation.  The  voter  was  frequently  afraid  to 
vote  the  way  he  would  like  to,  lest  he  might  offend  an 
employer  or  some  one  else  whom  be  could  ill  afford  to 
offend.  For  such  reasons  as  these  voting  by  open  ballot  be- 
came unpopular,  and  the  AustraHan  or  secret  ballot  system 
was  adopted.  This  system  has  its  disadvantages.  It  does 
not  encourage  men  to  come  out  openly  and  fearlessly  and 
announce  their  convictions.  Under  the  secret  ballot  law 
a  man  by  guarding  his  tongue  and  not  letting  any  one 
know  how  he  votes,  may  deprive  the  community  of  the 
influence  of  his  example.  It  would  be  better  if  we  could 
always  know  how  good  citizens  vote. 

The  great  point  in  favor  of  the  secret  ballot  is  that  it 
helps  to  do  away  with  bribery.  Under  the  Australian 
system  it  is  of  little  use  to  give  the  voter  money  to  vote 
a  certain  ticket,  for  there  is  no  way  to  follow  him  up  and 
see  if  he  votes  as  he  promises.  If  the  secret  ballot  does 
prevent  bribery,  then  every  State  ought  to  have  it,  for 
bribery  is  one  of  the  worst  evils  in  politics.  A  man  who 
gives  a  bribe  to  his  fellow-citizen,  not  only  debases  that 
citizen,  but  he  debauches  society.  A  bribe  giver  is  a  public 
enemy.  What  shall  we  say  of  a  bribe  taker?  Is  he  better 
or  worse  than  a  bribe  giver? 


ELECTIONS  53 

Counting  the  Vote ;  Majority,  Plurality. — Immediately 
after  the  polls  are  closed  the  counting  of  the  votes  be- 
gins. The  counting  is  done  openly  in  the  presence  of 
a  number  of  people.  The  candidate  for  each  office  who 
has  the  largest  number  of  votes  is  declared  elected.  Some- 
times a  majority  of  the  votes  is  required  to  elect.  By  a 
majority  is  meant  more  than  half  of  all  the  votes  cast.  It 
often  happens,  when  there  are  three  or  more  candidates 
for  the  same  office,  that  no  one  has  a  majority  of  all  the 
votes.  In  such  cases  if  a  majority  is  necessary  for  election 
there  must  be  a  second  election.  But  in  most  of  the  States 
the  one  who  has  the  highest  number  of  votes  is  the  suc- 
cessful candidate,  even  if  that  number  is  less  than  half. 
Election  by  the  highest  number  of  votes  is  called  election 
by  plurality. 

The  Right  of  Holding  Office. — Besides  the  right  of 
choosing  officers  to  conduct  government,  it  is  the  right 
of  the  American  citizen  to  hold  office.  The  business  of 
government  requires  the  service  of  a  very  large  number 
of  people.  In  the  towns  or  counties  there  must  be  road 
commissioners,  school  trustees,  tax  collectors,  constables. 
In  a  city  there  must  be  a  Mayor  and  councilmen  and  a 
very  long  list  of  officials.  In  the  State  there  must  be  a 
Governor,  several  secretaries,  and  the  Legislature  with  its 
senators  and  its  representatives  or  delegates.  In  the  Na- 
tion there  Is  the  President  with  his  cabinet  and  thousands  of 
assistants.  It  would  take  many  pages  merely  to  name  the 
different  offices  of  the  different  governments.  It  is  the 
boast  of  the  American  citizen  that,  no  matter  what  his 


64  CITIZENSHIP 

rank  may  be,  he  has  the  right  to  hold  any  of  these  offices. 
Any  boy  born  in  the  United  States  may  hope  to  become 
President.  It  is  true  that  only  four  or  five  of  the  millions 
of  young  Americans  now  living  can  ever  be  President,  yet 
it  is  also  true  that  those  boys  who  will  be  our  future  Presi- 
dents may  come  from  the  lower  walks  of  life.  We  have 
had  several  Presidents  who  did  manual  labor  in  early  life. 
One  of  them  was  a  tailor  who  did  not  learn  to  write  until 
after  he  was  married. 

QUESTIONS  AND  EXERCISES 

1.  Smith,  Jones,  and  Brown  are  candidates  for  an  office.  Smith  re- 
ceives 5000  votes,  Jones  4000  votes,  and  Brown  3000  votes.  Does  Smith 
have  a  majority  or  a  pluraUty  of  votes?  What  is  the  smallest  number 
of  votes  that  would  elect  in  this  case  if  a  majority  were  required? 
What  does  the  word  minority  mean? 

2.  Discuss  the  evil  effects  of  bribery. 

3.  Should  the  office  seek  the  man,  or  the  man  the  office? 

4.  Do  you  know  any  candidates  for  office?  Are  they  men  well 
qualified  for  the  positions  they  are  seeking? 

5.  "  A  weapon  that  comes  down  as  still 

As  snowflakes  fall  upon  the  sod 
But  executes  a  freeman's  will 

As  lightning  does  the  will  of  God." 
What  is  the  "weapon"?    Memorize  the  quotation. 

6.  Bound  the  election  district  or  precinct  in  which  you  live. 

7.  Secure,  if  you  can,  a  ballot  used  at  an  election,  and  mark  it  as 
you  would  if  you  were  going  to  vote. 

8.  Discuss  methods  of  preventing  bribery.  Would  you  vote  for  a 
man  who  would  give  bribes? 

9.  In  what  ways  are  men  sometimes  bribed  without  giving  them 
money? 

10.  Ought  candidates  for  public  office  to  give  an  account  of  their 
election  expenses? 


XI.    CITIZENSHIP:  DUTIES  OF  CITIZENS 

"  Do  what  conscience  says  is  right, 
Do  what  reason  says  is  best, 
Do  with  all  your  mind  and  might. 
Do  your  dviy  and  be  blest." 

A  Few  Words  about  Duty. — For  several  lessons  we 
have  been  discussing  the  rights  of  citizens;  in  this  lesson 
we  shall  speak  of  a  few  of  the  duties  of  citizens.  We  are 
all  inclined  to  think  too  much  of  our  rights  and  too  little 
of  our  duties.  We  should  never  forget  that  for  every  right 
we  enjoy  there  is  a  corresponding  duty.  A  right  has  been 
called  the  reward  of  a  duty  fulfilled,  and  this  is  the  way 
to  regard  duty.  After  we  have  done  our  duty,  then  we 
may  claim  our  rights;  after  we  have  fulfilled  the  duties  of 
citizenship,  we  may  in  good  conscience  claim  our  rights  as 
citizens.  Government  cannot  give  to  us  more  than  we 
give  to  it.  If  we  are  careless  or  selfish  in  respect  to  our 
duties  to  our  government,  we  may  be  sure  that  it  will  not 
have  so  many  blessings  for  us  as  it  would  have  if  we  were 
watchful  and  faithful  in  our  duty.  Let  us  now  learn  what 
duty  requires  of  all  good  citizens. 

Obedience  to  the  Law. — ^The  first  duty  of  a  citizen  is  to 
obey  the  laws  of  his  country.  Without  obedience  to  law 
there  can  be  no  such  thing  as  good  government.  Alike  in 
the  home,  in  the  school,  and  in  the  State,  the  violation  of 
law  is  attended  with  some  kind  of  punishment.    When  a 

55 


66  CITIZENSHIP 

law  of  the  State  is  broken,  he  who  breaks  it  may  be  fined, 
that  is,  he  may  be  compelled  to  give  up  a  sum  of  money, 
or  he  may  be  imprisoned,  or  he  may  be  both  fined  and  im- 
prisoned. In  the  case  of  murder,  he  who  takes  the  Ufe  of 
another  may  be  compelled  to  give  up  his  own  fife.  But  I 
do  not  wish  to  hold  up  the  punishments  of  the  law  before 
you  in  order  to  frighten  you.  I  do  not  want  you  to  obey 
the  law  simply  because  you  are  afraid  of  the  punishment 
that  would  follow  if  you  should  break  it.  People  who 
obey  a  law  through  the  sense  of  fear  are  likely  to  break 
it  if  they  think  they  will  not  be  discovered.  Such  people 
are  satisfied  if  only  they  can  keep  out  of  jail.  It  is  against 
the  law  to  give  a  man  money  for  his  vote;  yet  how  many 
citizens  violate  this  law  simply  because  they  run  but  little 
risk  of  being  detected  and  punished!  A  bribe  giver  is  no 
less  a  criminal  because  he  escapes  punishment.  Laws 
should  be  obeyed  because  it  is  a  duty  to  obey  them.  It 
is  our  right  to  seek  the  protection  of  the  law;  it  is  our  duty 
to  do  the  bidding  of  the  law. 

Defense  of  One's  Country. — ^A  most  serious  duty  of 
the  citizen  to  his  government  is  to  defend  it  against  its 
enemies.  You  boys  may  at  some  time  in  your  life  be 
called  upon  to  take  up  arms  and  fight  for  your  country. 
If  such  a  time  should  come,  you  should  not  flinch,  but 
should  go  forth  bravely  to  the  battlefield,  prepared  to 
lay  down  your  fife,  if  necessary.  But  you  should  not 
wish  for  war  or  try  to  stir  up  strife.  The  good  citizen 
will  try  to  avoid  war.  Men  and  nations  should  live  at 
peace  with  one  another;  war  is  never  right  unless  it  is 


DUTIES  OF  CITIZENS  57 

waged  for  the  purpose  of  making  the  world  better  in  the 
end. 

Earning  a  Living. — Every  citizen  should  try  to  earn 
an  honest  living  for  himself  and  those  dependent  upon 
him.  A  man  who  does  not  work  is  a  burden  upon  the 
community.  What  he  eats  and  wears  is  produced  by  the 
labor  of  other  people.  Now,  an  able-bodied  man  who 
lives  upon  the  labor  of  others  loses  his  own  self-respect 
and  deserves  to  lose  the  respect  of  others.  Hence  a  good 
citizen  will  refuse  to  eat  bread  that  he  has  not  earned, 
if  it  is  possible  for  him  to  earn  bread  for  himself.  Some- 
times men  cannot  earn  their  own  living  because  they  can- 
not find  work  to  do.  When  this  is  the  case,  there  is  some- 
thing wrong  somewhere,  and  it  is  the  duty  of  good  citizens 
to  try  to  discover  where  the  wrong  is  and  to  take  measures 
to  remedy  the  wrong.  In  a  land  of  plenty  no  strong-armed 
man,  willing  to  work,  ought  to  be  compelled  to  go  hungry 
or  to  eat  the  bread  of  charity. 

The  Duty  of  Studying  Political  Questions. — Before 
you  enter  upon  politics  you  should  make  a  careful  study 
of  political  questions.  As  a  voter  you  will  be  called  upon 
to  do  work  upon  a  great  political  machine,  for  that  is 
what  the  American  government  is.  Ought  you  not  to  be 
prepared  for  this  work?  Ought  you  not  to  understand  this 
machine?  A  person  would  not  begin  to  work  on  a  watch 
until  he  had  studied  carefully  the  workings  of  a  watch. 
Neither  should  a  person  meddle  with  the  American  gov- 
ernment until  he  knows  something  about  its  workings, 
for  it  is  a  machine  much  more  complicated  and  difficult 


68  CITIZENSHIP 

to  understand  than  a  watch.  It  has  big  wheels  and  little 
wheels  and  wheels  within  wheels  curiously  and  nicely 
fitted  together,  each  doing  its  own  work,  doing  it  well 
when  voters  are  wise,  doing  it  ill  when  voters  are  foolish. 
Is  it  not  plain,  then,  that  you  ought  to  begin  at  once  to 
study  this  machine  so  that  when  you  begin  to  operate  it 
you  will  know  something  of  its  workings? 

While  you  are  at  school  you  may  prepare  yourselves 
to  vote  in  an  inteUigent  manner  when  you  come  of  age. 
You  may  do  this  in  two  ways, — by  reading  and  by  dis- 
cussion. Read  history.  You  cannot  understand  the  pres- 
ent without  understanding  the  past.  Read  the  lives  of 
great  men.  The  founders  of  our  government  were  un- 
eelfish  men.  Read  what  they  wrote  about  government 
and  learn  what  they  did  for  their  country.  Read  the  his- 
tory of  political  parties  and  study  their  platforms.  Read 
works  upon  government.  Read  good  newspapers  and 
inform  yourselves  of  the  political  questions  of  the  day. 

But  reading  is  not  enough.  Along  with  reading  must 
go  discussion.  Our  government  is  founded  upon  free  and 
open  discussion.  This  is  why  citizens  are  guaranteed 
freedom  of  speech.  By  talking  over  a  question  in  a  good- 
natured  way  with  friends  we  learn  a  number  of  things. 
In  the  first  place,  we  learn  more  about  the  question  under 
discussion.  We  almost  always  find  that  our  friend  knows 
something  about  it  that  we  did  not  know.  Then  we  learn 
to  express  our  thoughts  more  clearly  and  forcibly.  We 
aever  know  a  thing  well  enough  until  we  can  tell  it  to 
some  one  else.    Discussion  also  teaches  us  to  have  respect 


DUTIES  OF  CITIZENS  69 

for  the  opinions  of  other  people;  and  this  is  very  good 
for  us.  Above  all,  discussion  is  good  because  it  leads  to 
the  truth. 

The  Duties  of  Voters. — When  you  come  to  vote  you 
will  be  glad  to  have  studied  political  questions,  for  in 
the  polUng  booth  you  will  find  yourself  face  to  face  with 
duties  which,  if  you  fulfill  them  properly,  will  require 
all  the  knowledge  you  may  have  gained.  What  are  these 
duties?  If  an  intelligent  man  will  ask  himself  the  ques- 
tion seriously  he  will  conclude  that  he  ought  at  least  to 
do  the  following  things: 

(1)  To  vote  whenever  it  is  his  privilege  to  vote. 

(2)  To  vote  only  for  honest  men  for  office. 
.  (3)  To  accept  no  bribe  and  to  give  no  bribe. 

(4)  To  know  what  he  is  voting  for. 

(5)  To  know  something  of  the  character  of  the  person 
for  whom  he  votes. 

(6)  To  prefer  his  country  to  his  party. 

QUESTIONS  AND  EXERCISES 

1.  Can  you  name  a  war  that  was  a  blessing  to  mankind?  One  that 
was  a  curse? 

2.  Would  you  fight  for  your  country,  even  if  you  thought  it  was 
in  the  wrong? 

3.  Should  a  citizen  obey  a  bad  law?  Who  shall  judge  whether  a  law 
is  bad  or  good? 

4.  Explain  how  a  single  vote  may  decide  the  result  of  an  election. 

5.  What  are  some  of  the  things  a  politician  must  do? 

6.  Would  you  vote  for  your  party  even  if  you  thought  it  was 
wrong? 

7.  Of  the  duties  mentioned  in  the  lesson  which  stands  first  in  im- 
portance?   Which  stands  second?    Which  third?    Which  fourth? 


XII.    THE  POWERS  OF  GOVERNMENT:  MAJORITY 

RULE 

"That  government  of  the  people,  by  the  people,  for  the  people  shall 
not  perish  from  the  earth." — Abraham  Lincoln. 

Introduction. — ^Now  that  we  have  learned  what  citi- 
zenship is  and  what  are  the  rights  and  duties  of  the  citi- 
zen, we  may  begin  to  study  the  workings  of  the  govern- 
ment which  it  is  the  duty  of  citizens  to  operate  and  keep 
in  repair.  And  first  I  want  you  to  learn  something  about 
the  powers  of  the  American  government.  When  an  officer, 
perhaps  a  man  of  small  stature,  lightly  lays  his  hand  upon 
the  shoulder  of  a  big  powerful  man  and  tells  him  to  "  come 
along/'  why  does  the  big  man  instantly  obey?  From 
what  source  does  the  officer  derive  his  power?  When  a 
body  of  lawmakers  makes  a  law  that  no  wooden  buildings 
shall  be  erected  in  a  certain  part  of  a  city,  why  do  the  land- 
owners there  submit  and  build  no  houses  of  wood  on  their 
land?  Where  do  the  lawmakers  get  their  power  to  make 
the  law?  A  judge  sentences  a  man  to  die,  and  in  a  few 
days  or  in  a  few  weeks  the  poor  wretch  is  hurried  to  his 
doom.  Where  does  the  judge  get  such  power?  Such  ques- 
tions as  these,  questions  about  the  power  of  government,  are 
of  the  greatest  importance  and  should  receive  your  most 
careful  attention. 

The  Power  of  the  People. — In  the  olden  times  it  was 

60 


MAJORITY  RULE 


61 


thought  that  government  came  down  to  men  from  heaven 
and  that  rulers  received  their  offices  and  their  power  from 
God.  Only  a  little  more  than  two  hundred  years  ago  a 
gi-eat  English  writer  published  a  book  in  which  there  was 
a  picture  representing  Government  as  a  mighty  giant 
with  a  crown  on  his  head,  hovering  over  the  earth  and 


An  Ancient  Notion  of  Government 

ruling  it  with  staff  and  sword.  Such  a  picture  would  not 
represent  government  to-day.  In  our  day  government 
is  very  close  to  men  and  is  looked  upon  as  a  purely  human 
affair.  Men  plan  and  build  government  somewhat  as  they 
plan  and  build  houses  and  battle  ships.    In  this  planning 


62  THE  POWERS  OF  GOVERNMENT 

and  building  the  people  take  a  part.  Especially  is  this 
true  in  our  country.  In  the  United  States  the  people  are 
the  complete  masters  of  government.  All  power  flows 
from  them.  How  do  the  people  manage  to  make  their 
wants  known?  By  the  principle  of  majority  rule.  When 
a  public  question  is  to  be  settled  or  an  officer  is  to  be 
chosen,  an  orderly  vote  of  the  people  is  taken,  and  the 
largest  number  of  votes  decides  the  question  or  elects 
the  officer;  that  is  to  say,  the  majority  rules. 

Where  government  is  carried  on  by  the  principle  of 
majority  rule  we  have  a  democracy,  a  word  which  means 
'' government  by  the  people."  The  United  States  is  a 
democracy,  because  it  is  governed  by  the  people.  When 
we  say  this,  we  mean  of  course  the  political  people,  the 
voters.  The  voters  express  their  wishes,  and  the  will  of  the 
majority  is  regarded  as  the  will  of  all  and  is  the  law  of  the 
land.  This  is  what  majority  rule  means  and  is  what  democ- 
racy means.  So  while  studying  the  simple  little  contriv- 
ance of  majority  rule  we  are  brought  face  to  face  with  the 
greatest  and  noblest  of  all  political  themes — democracy. 

Democracy  a  Government  of  Reason. — In  the  first 
place  you  should  understand  that  democracy  means  some- 
thing more  than  the  counting  of  votes.  Democracy  is  a 
government  of  reason.  Suppose  a  ball  team  wanted  to 
decide  whether  or  not  a  game  should  be  played  with  a 
team  in  an  adjoining  town;  would  it  do  nothing  but  take 
a  vote  on  the  question?  No;  that  would  be  very  stupid. 
Before  the  vote  was  taken  the  subject  would  b^  talked 
over:  the  strength  of  the  rival  team  would  be  discussed; 


MAJORITY  RULE  63 

previous  engagements  would  be  considered;  the  expense 
of  the  trip  would  be  taken  into  account.  After  these  and 
other  matters  were  fully  considered  the  vote  would  be 
taken  and  the  result  would  depend  upon  the  points  brought 
out  by  the  speakers.    That  would  be  the  right  kind  of 


majority  rule,  for  it  would  be  government  by  discussion, 
it  would  be  the  rule  of  reason. 

Some  boys  are  playing  at  push  ball.  One  boy  pushes 
south  with  a  force,  we  will  say,  of  75  pounds;  a  second 
boy  pushes  north  with  a  force  of  125  pounds,  a  third 
boy  pushes  east  with  a  force  of  100  pounds;  a  fourth  boy, 
more  powerful  than  the  rest,  pushes  west  with  a  force 
of  150  pounds.  The  ball  does  not  move  directly  south, 
north,  east,  or  west,  but  yields  a  little  to  each  boy.  The 
strongest  boy,  however,  does  the  most  in  directing  the 


64  THE  POWERS  OF  GOVERNMENT 

course  of   the  ball.    Now  our  government  is  in  many 
respects  like  a  push  ball  that  is  being  worked  at  by  a 


great  number  of  boys  pushing  in  different  directions. 
Sixteen  million  voters  are  working  at  the  American  gov- 
ernment, some  wanting  it  to  do  this,  others  wanting  it  to 
do  that,  others  wanting  it  to  do  still  something  else.  It 
cannot  obey  fully  the  wishes  of  any  single  voter.  All 
it  can  do  is  to  yield  a  little  to  each  voter  and  do  that 
which  will  most  nearly  please  the  largest  number  of  voters. 
In  the  case  of  the  push  ball,  you  noticed — and  this  is 
very  important — ^that  the  general  movement  of  the  ball 
was  determined  by  the  strongest  boy,  the  boy  who  pushed 
toward  the  west  having  more  to  do  with  the  movement 
than  any  of  the  others.  In  the  case  of  the  government 
it  is  the  same:  the  voter  who  goes  to  the  polls  with  the 
most  knowledge,  the  one  who  understands  the  workings  of 
the  political  machine  and  is  familiar  with  public  affairs,  is 
going  to  have  a  great  deal  more  influence  with  govern- 
ment than  the  ignorant  voter  can  have.  It  is  true  the 
well-informed  citizen  casts  into  the  ballot  box  but  a 
single  vote,  but  his  example  and  his  influence  in  the  com- 
munity cause  others  to  vote  the  way  he  does.    Therefore 


MAJORITY  RULE  68 

his  power  with  the  government  is  not  measured  by  one 
vote  but  by  all  the  votes  he  wins  over  to  his  side. 

Democracy  a  Government  of  Justice. — Another  great 
fact  of  democracy  which  you  will  do  well  to  think  about 
at  this  point  is  this:  the  majority  must  deal  fairly  with 
the  minority.  What  is  all  government  for?  For  what 
purpose  are  these  armies  and  navies  and  courts  and  offi- 
cers and  laws?  Their  purpose  is  to  maintain  justice 
among  men,  to  prevent  men  from  suffering  any  kind  of 
wrong.  Now  if  the  majority  does  not  deal  fairly  with 
the  minority  it  does  the  very  thing  that  it  is  the  purpose 
of  government  to  prevent:  it  inflicts  injustice.  And  the 
injustice  of  a  majority  is  the  worst  kind  of  injustice. 
When  a  big  strong  boy  wantonly  and  cruelly  pummels  a 
little  boy  we  call  the  big  boy  a  bully;  so  if  a  majority,  a 
big  body  of  men,  should  maltreat  a  minority,  a  small 
body  of  men,  by  taking  away  their  property  unjustly, 
or  throwing  them  into  jail  without  cause,  we  might  prop- 
erly call  the  majority  a  bully.  A  bully  is  a  tyrant  and 
a  majority  that  does  not  deal  fairly  with  a  minority  is 
both  a  bully  and  a  tyrant. 

The  tyranny  of  the  majority  is  justly  regarded  as  one 
of  the  greatest  dangers  of  a  democracy.  It  is  dangerous 
because  it  is  so  powerful.  In  a  monarchy  the  citizens  can 
put  an  end  to  the  tyranny  of  their  king  by  killing  him, 
but  you  cannot  kill  a  majority.  There  is  no  way  to  re- 
sist successfully  the  brute  force  of  a  majority  if  it  wants 
to  be  cruel  or  unjust.  In  a  democracy  tyranny  can  be 
avoided  in  only  one  way:  the  citizens  must  always  vote 


66  THE  POWERS  OF  GOVERNMENT 

for  what  they  think  is  just  and  right,  and  in  determining 
what  is  just  and  right  they  must  keep  the  golden  rule 
in  mind.  The  majority  would  do  well  to  keep  these  lines 
of  Shakespeare  ever  before  their  eyes: 

Oh,  it  is  excellent 
To  have  a  giant's  strength,  but  it  is  tyrannous 
To  use  it  like  a  giant. 

QUESTIONS  AND  EXERCISES 

1.  How  many  votes  were  cast  in  the  United  States  at  the  last  presi- 
dential election?  How  many  votes  were  cast  for  the  successful  candi- 
date? What  per  cent  of  the  whole  population  voted  for  the  successful 
candidate? 

2.  Why  should  Civil  Government  be  taught  in  the  public  schools? 

3.  Define  the  following  words:  democraqj,  aristocracy,  monarchy , 
despotism,  oligarchy,  anarchy. 

4.  Give  reasons  why  democracy  is  better  than  monarchy. 

5.  What  countries  besides  our  own  have  popular  governments? 
Name  some  of  the  great  monarchs  of  the  world. 


XIII.    THE  POWERS  OF  GOVERNMENT:  REPRE- 
SENTATION 

"A  representative  government,  made  responsible  at  short  periods 
of  election,  produces  the  greatest  sum  of  happiness  to  mankind." 

— Thomas  Jefferson, 

Pure  and  Representative  Democracy.— In  the  last 
lesson  you  learned  that  our  government  is  a  democracy, 
one  that  receives  its  power  from  the  people.  Now  there 
are  two  kinds  of  democracies,  the  pure  democracy  and 
the  representative  democracy.  The  pure  democracy  is 
one  in  which  the  voters  meet  in  a  body  and  not  only 
choose  officers  of  government  but  enact  laws  as  well. 
In  ancient  Greece  the  State  was  often  a  pure  democracy. 
For  example,  when  Attica  wished  to  decide  any  important 
affair  all  her  citizens,  more  than  ten  thousand  in  number, 
flocked  to  Athens  and  assembled  in  the  Agora,  or  market 
place,  to  discuss  the  question  and  vote  upon  it.  In  this 
assembly  there  were  all  classes  of  society, — carpenters, 
weavers,  shoemakers,  poets,  generals,  philosophers.  After 
the  question  had  been  fully  discussed  the  vote  was  taken, 
and  the  will  of  the  majority  was  regarded  as  the  will  of 
Attica.    This  was  pure  democracy. 

But  you  can  see  that  a  large  city  or  a  State  cannot  be 
a  pure  democracy,  for  the  whole  body  of  citizens  is  too 
large  to  meet  at  one  place.  How,  then,  can  all  the  people 
of  a  State  have  a  voice  in  the  making  of  a  law,  or  take  part 

67 


«8  THE  POWERS  OF  GOVERNMENT 

in  the  management  of  their  government?  They  cannot 
take  part  directly,  but  they  may  do  it  indirectly  in  the 
following  way : 

A  number  of  citizens  may  choose  one  of  their  number 
to  act  in  their  stead :  the  citizens  of  a  town  or  of  a  county 
may  choose  one  or  two  of  its  citizens  to  meet  with  other 
citizens  chosen  in  the  same  way  from  other  towns  and 
counties.  If  there  are  fifty  counties  in  a  State,  and  the 
citizens  of  each  county,  instead  of  going  themselves,  elect 
two  of  their  number  to  go  to  the  capital  of  the  State  for  the 
purpose  of  making  laws,  the  lawmaking  body  of  the  State 
will  consist  of  one  hundred  men.  This  small  body  will  act 
in  the  name  of  several  hundreds  of  thousands  of  people, 
and  the  laws  it  passes  will  be  as  binding  as  if  they  had  been 
passed  by  all  the  people  coming  together  in  an  immense 
throng.  A  man  who  acts  in  the  place  of  and  with  the 
authority  of  other  men  represents  those  men,  and  is  called 
their  representative;  and  the  government  that  is  conducted 
by  a  few  people  chosen  to  act  in  the  name  of  all  the  peo- 
ple is  a  representative  government,  or  a  representative  de- 
mocracy. 

In  this  country  we  have  representative  government. 
In  the  New  England  towns,  it  is  true,  the  people  still 
come  out  in  town  meeting  and  govern  as  a  pure  democ- 
racy, but  in  the  other  governments,  in  counties  and  cities 
and  States  and  in  our  nation,  the  people  rule  indirectly 
through  their  chosen  representatives. 

The  Representative's  Term  of  Service.— For  how  long 
a  period  should  a  representative  hold  the  power  which 


REPRESENTATION  69 

the  voters  give  him?  If  you  are  a  member  of  a  club,  your 
club  doubtless  elects  officers  every  year.  Why  do  you 
elect  them  so  often?  Why  not  elect  them  every  five 
years,  or  every  ten  years,  or  for  life?  Because  you  want 
an  opportunity  to  elect  new  officers  should  the  interests 
of  the  club  demand  a  change.  The  officers  might  neglect 
their  duties  or  manage  affairs  badly,  and  if  they  held  their 
places  for  long  terms  they  might  do  a  great  deal  of  mis- 
chief before  the  club  could  get  rid  of  them.  In  order  to 
keep  the  reins  in  its  hands  the  club  elects  its  officers  for 
short  terms. 

The  same  rule  holds  in  American  politics.  The  voters 
keep  the  reins  of  government  in  their  hands  by  electing 
their  representatives  for  short  terms  only.  It  is  rare 
that  a  representative's  term  of  office  is  more  than  four 
years.  In  a  great  many  States  the  term  is  two  years,  and 
in  a  few  States  it  is  for  one  year  only.  This  does  not  mean 
that  representatives  can  serve  for  only  short  periods,  for 
if  their  constituents  want  to  retain  them  they  can 
elect  them  again  and  again.  As  a  matter  of  fact  repre- 
sentatives by  means  of  reelection  sometimes  hold  their 
places  for  thirty  or  forty  years. 

This  practice  of  giving  our  representatives  only  short 
iterms  of  office  causes  election  day  to  come  around  very 
often.  In  a  great  many  States  there  is  at  least  one  elec- 
tion every  year,  and  in  a  few  States  election  day  comes 
twice  a  year.  You  will  hear  people  complain  of  this 
frequency  of  election,  but  as  a  matter  of  fact  frequent 
elections  are  good  both  for  the  representative  and  for 


70  THE  POWERS  OF  GOVERNMENT 

the  voter.  They  are  good  for  the  representative  because 
they  tend  to  hold  him  to  his  duty;  they  are  good  for  the 
voter  because  they  keep  his  mind  fixed  upon  the  doings 
of  his  government  and  this  helps  to  make  him  the  wide- 
awake person  a  citizen  of  a  democracy  ought  to  be. 

How  a  Fair  Representation  is  Secured. — How  shall 
fair  representation  of  the  people  be  secured?  If  you  were 
a  member  of  an  athletic  association  that  comprised  many 
schools  and  there  was  to  be  held  an  important  meeting  of 
the  governing  body,  you  would  want  your  own  school  to 
have  a  just  number  of  representatives  at  this  meeting. 
But  what  would  be  a  just  and  fair  number?  Would  you 
want  your  school  to  be  represented  according  to  its  rank 
in  scholarship?  According  to  the  number  of  its  pupils? 
According  to  the  number  of  good  athletes  it  has?  Accord- 
ing to  the  amount  of  money  it  contributes  to  the  asso- 
ciation? Such  questions  as  these  would  have  to  be  an- 
swered before  you  could  put  your  association  on  a  good 
working  basis.  So  in  conducting  a  representative  gov- 
ernment there  must  be  a  plan  for  securing  a  fair  rep- 
resentation of  the  people. 

For  the  carrying  out  of  laws  we  usually  elect  only  one 
person,  a  Mayor,  a  Governor,  or  a  President,  and  as  for 
the  judges  of  the  law,  we  elect  only  so  many  of  these 
as  are  necessary  to  try  promptly  and  carefully  the  cases 
that  are  brought  up.  Thus  far  there  is  no  trouble  in 
determining  how  many  representatives  to  choose.  But 
we  must  have  representatives  also  for  a  lawmaking  body. 
Our  town  or  city  must  have  a  Council,  our  State  a  Legis- 


REPRESENTATION  71 

lature,  our  nation  a  Congress.  How  is  a  fair  representa- 
tion in  these  lawmaking  bodies  to  be  secured? 

It  is  secured  by  giving  the  people  a  representation  ac- 
cording to  their  number:  so  many  people,  so  many  rep- 
resentatives. If  our  city  has  a  population  of  50,000  and 
we  want  a  City  Council  of  twenty-five  members,  we  may 
divide  the  city  into  twenty-five  districts  (wards),  draw- 
ing the  boundary  lines  so  that  each  ward  shall  have  as 
nearly  as  possible  2,000  inhabitants  and  to  each  ward 
give  one  representative.  In  the  State  Legislatures,  the 
counties  are  represented  according  to  their  population; 
as  a  rule  a  county  of  40,000  inhabitants  will  have  twice 
as  many  representatives  as  a  county  of  20,000.  In  the 
great  House  of  Representatives  at  Washington  the  rule 
of  representation  according  to  population  is  carried  out 
with  the  greatest  exactness.  A  member  of  the  House  at 
present  represents  about  200,000  people. 

Why  has  the  rule  "so  many  people,  so  many  repre- 
sentatives" been  adopted?  Because  it  is  consistent  with 
the  spirit  of  true  democracy.  In  America,  government 
is  for  men  as  men,  and  not  for  this  or  that  interest  or 
class.  And  this  is  right.  The  principal  thing  in  a  country 
is  not  its  wealth,  or  its  extent  of  territory,  or  its  mines, 
or  its  fields,  or  its  factories,  but  its  men. 

"What  constitutes  a  state? 

Not  high-rais'd  battlement  or  laboured  mound, 
Thick  wall  or  moated  gate; 
Not  cities  proud  with  spires  and  turrets  crowned; 


THE  POWERS  OF  GOVERNMENT 

Not  bays  and  broad  armed  ports, 

Where  laughing  at  the  storm  rich  navies  ride; 
Not  starred  and  spangled  courts, 

Where  low-browed  baseness  wafts  perfume  to  pride. 
No.    MEN,  high-minded  MEN, 

Men  who  their  duties  know. 
But  know  their  rights  and  knowing  dare  maintain, 

Prevent  the  long-aimed  blow 
And  crush  the  tyrant  while  they  rend  the  chain — 

These  constitute  a  state.'' 

QUESTIONS  AND   EXERCISES 

1.  Define  constituent. 

2.  Name  the  republics  (representative  democracies)  of  the  world. 

3.  Elect  one  of  your  classmates  to  represent  your  class  in  a  spelling 
contest.    One  to  represent  the  class  in  a  debate. 

4.  Should  the  representative  always  vote  to  please  his  constituents? 
Suppose  the  voters  change  their  opinions  after  an  election,  should  the 
representative  also  change  his  opinions?  Suppose  the  opinions  of  the 
representative  should  change  after  an  election,  should  he  resign  his 
office  or  should  he  vote  against  the  wishes  of  his  constituents,  or  what 
should  he  do?  Suppose  the  voters  after  an  election  should  instruct 
their  representative  as  to  a  course  of  action,  should  the  representative 
obey  the  instruction? 

5.  The  Recall.  In  some  cities  and  in  some  States,  as  in  Oregon, 
Arizona,  California,  Colorado,  Idaho,  and  Washington,  the  voters  have 
the  power  to  deprive  a  representative  of  his  office  before  his  term  has 
expired  if  he  does  not  discharge  his  duties  in  the  way  the  voters  think 
he  ought  to  discharge  them.  This  power  is  called  the  "  recall."  What 
do  you  think  of  the  "recall"  as  a  political  contrivance? 


XIV.  THE  POWERS  OF  GOVERNMENT:  CHECKS 
AND  BALANCES 

"A  separation  of  departments,  so  far  as  practicable,  and  the  preser- 
vation of  clear  lines  of  division  between  them,  is  the  fundamental  idea 
of  all  our  constitutions,  and  doubtless  the  continuance  of  regulated 
liberty  depends  on  maintaining  these  boimdaries." — Daniel  Webster. 

Introduction. — ^You  have  learned  that  all  the  power 
of  government  comes  from  the  people  and  that  the  people 
give  their  power  to  their  chosen  representatives.  You 
ought  next  to  learn  how  the  mighty  power  of  the  Ameri- 
can government  is  regulated.  In  almost  any  ordinary 
machine  there  are  devices  for  regulating  and  checking 
power.  The  steam  engine  has  its  governor,  the  car  has 
its  brakes,  the  clock  its  escapement,  the  watch  its  balance 
wheel,  the  elevator  its  safety  appliance.  Likewise  in  our 
political  machinery,  there  is  a  really  wonderful  series  of 
devices  for  regulating,  balancing,  and  checking  power, 
and  you  must  understand  the  workings  of  these  checks 
and  balances. 

The  Three  Departments  of  Government. — Let  us  be- 
gin this  great  subject  of  checks  and  balances  by  observ- 
ing the  manner  in  which  the  power  of  government  is 
separated  or  broken  up  into  parts.  We  do  not  elect  one 
ruler  and  bestow  upon  him  all  the  power  we  have  to  give. 
To  do  that  might  be  to  build  a  despotism  over  our  heads, 
for  the  ruler  who  has  the  whole  power  of  the  government 

73 


74  THE  POWERS  OF  GOVERNMENT 

in  his  hands  could  be  a  tyrant  if  he  wanted  to  be.  He 
could  make  a  rule  for  the  people  to  obey,  could  decide 
who  obeyed  it  and  who  did  not,  and  could  punish  the 
disobedient  as  he  thought  fit.  In  the  exercise  of  his  power 
he  would  have  nothing  to  regulate  him,  nothing  to  check 
him.  If  he  followed  reason  and  justice  all  would  be  well, 
but  he  might  follow  passion  or  prejudice  or  caprice  and 
then  all  would  not  be  well.  The  American  people  take 
no  chances  in  this  matter.  They  refuse  to  give  all  their 
power  to  one  man  or  to  one  body  of  men.  Following  the . 
example  of  our  English  ancestors,  we  bestow  power  upon 
three  different  sets  of  officers,  giving  to  each  set  authority 
of  a  particular  kind.  In  this  way  we  separate  the  power 
of  government  and  cause  it  to  flow  in  three  streams. 

These  three  streams  of  power  give  us  three  depart- 
ments of  government:  the  legislative,  the  executive,  and 
the  judicial  departments.  The  legislative  department  (the 
Legislature)  has  the  power  to  make  the  laws,  the  executive 
department  (the  President,  or  Governor,  or  Mayor)  has  the 
power  to  enforce  the  law  or  carry  it  into  effect,  and  the 
judicial  department  (the  courts)  has  the  power  to  try 
offenders  against  the  law  and  to  settle  disputes  arising  un- 
der it. 

You  may  liken  these  three  departments  to  three  great 
departments  of  your  own  being,  your  judgment,  your 
will,  and  your  conscience.  Your  judgment  plans  for  you 
a  course  to  follow;  the  legislature  when  making  the  law 
plans  a  course  for  the  people  to  follow.  Your  will  executes 
the  plans  mapped  out  by  your  judgment;  the  executive 


CHECKS  AND  BALANCES  75 

department  carries  out  the  plans  enacted  by  the  legisla- 
ture. Your  conscience  prevents  you  from  doing  wrong, 
that  is,  from  working  injustice  upon  others;  the  courts  see 
to  it  that  there  is  no  injustice  between  man  and  man. 
So  the  legislature  is  the  judgment  of  the  State,  the  execu- 
tive department  is  its  will,  and  the  courts  are  its  conscience. 
In  the  legislative  department  we  must  look  for  Wisdom, 
in  the  executive  department  for  Power,  and  in  the  judicial 
department  for  Justice.  The  legislature,  let  us  say,  is 
a  nation's  Head,  the  executive  department  is  its  Hand, 
and  the  courts  are  its  Heart. 

The  three  departments  are  found  in  nearly  all  our 
political  divisions,  whether  low  or  high,  small  or  great. 
In  your  town  or  city  you  have  councilmen  or  aldermen  to 
make  your  local  laws  (ordinances),  a  Mayor  or  chief 
burgess  to  carry  out  these  laws,  and  magistrates  or  police 
justices  to  try  the  smaller  cases.  In  your  State  there  is 
the  State  Legislature,  the  State  executive  department, 
consisting  of  the  Governor  and  other  executive  officers, 
and  the  State  courts.  For  the  entire  country  we  have 
Congress  (which  is  the  legislature  of  the  nation),  the  Presi- 
dent and  his  cabinet,  and  a  system  of  national  courts, 
including  the  Supreme  Court.  So  in  small  things  as  well 
as  great,  government  in  America  is  conducted  on  the 
three-department  plan. 

The  Lower  and  the  Upper  House. — Besides  the  sepa- 
ration of  power  just  pointed  out,  there  is  in  the  legislative 
department  an  important  check  upon  the  use  of  power. 
We  do  not  as  a  rule  give  the  lawmaking  power  outright 


76  THE  POWERS  OF  GOVERNMENT 

to  one  body  of  men,  but  to  two  bodies,  and  we  require 
that  before  a  measure  (a  bill)  becomes  a  law  it  shall  pass 
in  both  bodies.  Neither  body  can  make  a  law  without 
the  consent  of  the  other. 

The  two  divisions  of  the  Legislature  are  generally  spoken 
of  as  the  lower  and  the  upper  house.  The  lower  house  is 
usually  known  as  the  House  of  Representatives.  The 
upper  house  is  always  known  as  the  Senate.  The  lower 
house  usually  has  a  membership  three  or  four  times  as 
large  as  that  of  the  Senate.  This  means  that  a  Senator 
usually  represents  three  or  four  times  as  many  people  as 
are  represented  by  a  member  of  the  lower  house,  for  in 
nearly  all  our  legislatures  representation  in  both  branches 
follows  pretty  closely  the  rule,  ''so  many  people,  so  many 
representatives."  The  Senate  of  the  United  States,  how- 
ever, is  an  exception  to  this  rule,  as  will  be  explained 
hereafter. 

Why  is  it  necessary  to  have  two  houses  to  pass  a  law? 
Why  cannot  we  elect  a  single  body  and  give  to  it  the 
whole  lawmaking  power?  If  there  were  but  one  house, 
a  bad  bill  might  be  rushed  through  in  a  moment  of  excite- 
ment or  passion  and  the  law  might  do  much  mischief; 
but  if  a  bill  must  pass  through  two  houses  before  it  be- 
comes a  law  there  is  a  chance  for  the  lawmakers  of  the 
second  house  to  take  a  sober  second  thought  and  block 
the  passage  of  the  bill  if  it  is  bad. 

The  Veto  Power. — ^Another  check  to  be  noticed  here 
is  the  veto  power.  In  nearly  all  cases  the  executive  can 
check  the  legislative  power  by  vetoing  its  laws,  that  is, 


CHECKS  AND  BALANCES  77 

by  forbidding  their  passage.  The  Mayor  of  a  city  can 
generally  veto  an  ordinance  of  the  Council,  the  Governor 
of  a  State  (in  all  States  except  North  Carolina)  can  veto 
a  law  of  the  Legislature,  the  President  of  the  United 
States  can  veto  a  law  of  Congress.  But  the  veto  power 
is  not  complete,  absolute,  and  final.  When  one  branch 
of  the  Legislature  votes  down  a  bill  passed  by  the  other 
branch,  that  is  the  end  of  the  matter,  for  the  bill  is  killed, 
but  when  the  Governor  or  the  President  vetoes  a  bill  the 
Legislature  or  the  Congress  can  vote  on  it  again  and  if 
it  can  be  passed  a  second  time  by  a  two-thirds  or  three- 
fifths  majority  of  both  houses  it  becomes  a  law  in  spite 
of  the  veto.  So  the  veto  power  is  only  partial  and  may 
be  only  a  temporary  check. 

The  Independence  of  the  Departments. — In  the  exer- 
cise of  its  own  proper  powers  one  department  is  entirely 
independent  of  the  others.  Each  department  is  expected 
to  attend  to  its  own  business  in  its  own  way  and  not  to 
meddle  with  the  affairs  of  another  department.  In  the 
political  scales  the  power  of  one  department  is  supposed 
to  balance  precisely  the  power  of  another.  The  scales 
must  not  tip  one  way  or  the  other. 

Who  is  to  keep  this  system  of  checks  and  balances  in 
good  working  order?  When  the  beam  tips,  who  is  to 
restore  the  balance?  The  people  themselves.  Only  the 
voters  have  power  enough  to  outweigh  the  power  of  a 
department.  If  a  Mayor  has  seized  powers  that  do  not 
belong  to  him,  the  voters  may  refuse  to  reelect  him;  if  a 
Legislature  is  lording  it  over  a  Governor,  a  vote  of  the 


78  THE  POWERS  OF  GOVERNMENT 

people  may  keep  the  members  of  the  Legislature  at  home 
and  thus  give  back  to  the  Governor  his  rightful  power. 

As  a  voter  you  may  be  called  upon  to  help  in  preserving 
a  balance  of  power  among  the  departments,  and  you 
ought  to  understand  clearly  that  such  a  balance  is  a 
good  thing  and  that  encroachment  is  a  bad  thing.  Why 
is  it  a  bad  thing?  Why  should  you  refuse  to  support  a 
department  that  is  grasping  powers  that  do  not  belong 
to  it?  Washington  has  answered  this  question.  ^'The 
spirit  of  encroachment,"  he  says,  ^' tends  to  consolidate 
the  power  of  all  the  departments  in  one  and  thus  create, 
whatever  the  form  of  government,  a  real  despotism." 
When  you  hear  men  calling  for  power,  power,  more  power, 
remember  these  words  of  Washington,  and  don't  give 
them  the  power  unless  it  is  precisely  the  kind  they  ought 
to  have.  Don't  give  to  the  judge  the  kind  of  power  a 
lawmaker  ought  to  have;  don't  give  to  the  lawmaker 
the  kind  of  power  a  judge  ought  to  have;  don't  give  to 
an  executive  officer  the  kind  of  power  the  legislature 
ought  to  have.  Keep  all  the  parts  of  government  well 
balanced  and  thus  prevent  the  despotism  that  Washington 
feared. 

QUESTIONS  AND  EXERCISES 

1.  What  does  the  word  veto  mean? 

2.  Do  you  think  it  would  be  wise  to  give  the  lawmaking  power  of 
the  school  to  pupils?    The  judicial  power?    The  executive  power? 

3.  In  some  schools  the  pupils  organize  themselves  into  a  little 
democracy  or  self-governing  community.  They  elect  from  their  num- 
ber a  lawmaking  body  which  makes  the  rules  of  the  school,  executive 
officers  who  carry  the  rules  into  effect,  and  a  judicial  body  which  de- 


CHECKS  AND  BALANCES  79 

cides  whether  a  pupil  has  violated  a  rule.  Whom  of  your  school  would 
you  choose  for  your  lawmakers?  Whom  would  you  choose  as  your  chief 
executive  officer?  Whom  would  you  choose  as  your  judges?  What 
rules  would  you  desire  in  respect  to  tardiness?  Whispering?  Cheat- 
ing? Truancy?  Absence?  Rudeness?  (Pupils  and  teachers  who  are 
interested  in  the  subject  of  self-government  for  schools  should  con- 
sult Wilcox  and  Gill's  "Outline  of  American  Government.") 

4.  Name  two  great  lawmakers,  two  great  judges,  two  great    execu- 
tives. 


XV.    THE    POWERS    OF    GOVERNMENT:    LOCAL 
SELF-GOVERNMENT 

"It  is  to  local  self-government  that  we  owe  what  we  are  and  what 
we  hope  to  be." — Daniel  Webster. 

Introduction. — ^You  now  have  learned  three  of  the 
great  truths  that  He  at  the  foundation  of  American  gov- 
ernment, namely:  (1)  that  government  is  conducted  ac- 
cording to  the  principle  of  majority  rule;  (2)  that  the 
people  govern  through  their  chosen  representatives; 
(3)  that  the  power  of  government  is  sharply  separated 
and  given  to  three  great  departments.  A  fourth  great 
truth  about  our  political  system  is  this:  in  respect  to 
local  matters  every  community  has  large  powers  of  local 
self-government.  In  this  lesson  let  us  learn  about  local 
self-government. 

The  Three  Grades  of  Government. — If  you  have  paid 
any  attention  at  all  to  public  affairs  you  have  already 
noticed  several  governments  in  operation  around  you. 
If  you  live  in  a  southern  State  on  a  farm  you  know  some- 
>thing  of  a  county  government  that  transacts  its  business 
at  the  county  seat,  something  of  a  State  government  that 
has  its  headquarters  at  your  State  capital,  and  something 
of  the  great  National  Government  that  has  its  seat  at 
Washington.  If  you  live  on  a  farm  in  a  northern  State 
you  are  familiar  also  with  a  town  or  township  govern- 

80 


LOCAL  SELF-GOVERNMENT  81 

ment.  If  you  live  in  a  village  or  in  a  city  you  are  con- 
stantly brought  face  to  face  with  the  officers  of  a  village 
or  city  government. 

At  first  sight,  therefore,  it  appears  that  we  have  at 
least  half  a  dozen  different  kinds  of  government,  but 
let  us  see  if  we  cannot  group  them  so  as  to  reduce  the 
number  of  classes.  It  will  be  noticed  that  all  the  govern- 
ments below  the  State  government  attend  to  the  affairs 
of  a  small  area.  The  county  is  usually  not  so  large  but 
that  one  may  drive  from  one  end  of  it  to  the  other  in  a 
day,  a  township  occupies  only  a  few  square  miles,  and 
the  area  of  the  village  or  city  is  generally  even  smaller. 
Moreover,  as  we  shall  presently  see,  all  these  governments 
of  lower  grade  stand  in  the  same  relation  to  the  higher 
State  government,  and  they  all  perform  the  same  kind 
of  public  service.  So  we. may  consider  all  the  political 
divisions  below  the  State,  that  is  to  say,  counties,  towns, 
townships,  villages,  boroughs,  cities,  as  having  the  same 
grade  of  government,  and  we  may  call  this  grade  neighbor- 
hood  or  local  government  because  its  services  are  always 
confined  to  a  neighborhood  or  locality.  We  have,  there- 
fore, three  grades  of  government — local  government,  State 
government,  and  National  Government. 

The  Relation  of  the  Local  Government  to  the  State. — 
What  is  the  relation  of  a  local  government  to  the  gov- 
ernments of  higher  grade?  How  does  your  county  or 
township  or  city  stand  in  respect  to  the  State  and  to  the 
nation?  The  answer  to  this  question  is  very  simple:  the 
local  government  receives  all  its  powers  from  the  State 
F.  Civil  Govt.— 6 


82  THE  POWERS  OF  GOVERNMENT 

and  is  in  no  way  connected  with  the  National  Government, 
The  authority  which  a  locahty  exercises  is  given  to  it 
either  by  the  State  constitution  (of  which  we  shall  learn 
later)  or  by  a  law  of  the  State  Legislature.  The  authority 
which  a  locality  receives  from  the  constitution  cannot  be 
taken  from  it  without  changing  the  constitution,  but  that 
which  it  receives  from  the  Legislature  can  be  changed  as 
often  as  that  body  desires  and  in  any  way  it  desires. 

Local  Self-Government. — ^Although  the  State  has  full 
power  over  a  locality  and  can  rule  it  almost  precisely  as 
it  may  wish  to,  yet  as  a  matter  of  fact  the  locality  in 
every  State  is  in  many  things  allowed  to  rule  itself.  In 
practice  the  State  Legislature  passes  a  law  giving  to  the 
local  government  certain  powers  and  provides  for  certain 
officers,  and  when  it  has  done  this  it  lets  the  locality  alone. 
The  county  or  township  or  the  city  is  permitted  to  do  its 
own  work  in  its  own  way  so  long  as  it  does  nothing  con- 
trary to  the  law  which  the  Legislature  gives  it.  But, 
mind  you,  that  law  gives  the  people  very  large  powers 
of  local  self-government.  The  American  people  would  not 
be  satisfied  with  any  other  arrangement.  Our  political 
system  had  its  birth  in  the  little  local  governments  which 
the  early  settlers  set  up,  and  in  the  building  up  of  States 
and  of  the  nation  the  people  have  always  reserved  for 
themselves  the  right  of  attending  to  their  own  local  busi- 
ness. Our  affection  for  local  self-government  is  so  strong 
that  neither  a  Legislature,  nor  a  convention  called  to  frame 
a  constitution,  would  dare  to  take  from  a  community  the 
right  to  attend  to  its  own  affairs. 


LOCAL  SELF-GOVERNMENT  83 

The  Services  of  Local  Government.— The  local  gov- 
ernment attends  to  common,  everyday  affairs.  Indeed, 
we  might  say  it  performs  the  drudgery  of  social  service. 
The  constables  and  policemen  of  the  local  government 
stand  guard  night  and  day,  in  sunshine  and  in  storm, 
to  preserve  order  and  keep  the  peace.  Highway  officers 
and  workmen  of  the  local  government  repair  the  roads, 
pave  the  streets,  dig  the  sewers,  and  build  the  bridges. 
In  schools  supported  by  the  neighborhood,  public  teachers 
work  laboriously  and  patiently  for  the  education  of  youth. 
In  its  almshouses  the  local  government  feeds  and  clothes 
the  poor  of  the  neighborhood,  thus  recognizing,  the  prin- 
ciple that  charity  should  begin  at  home.  Health  officers 
of  the  local  government  prevent  the  spread  of  contagious 
diseases,  cause  people  to  be  vaccinated,  condemn  bad 
plumbing,  and  care  in  many  ways  for  the  public  health. 
To  pay  for  these  services  the  local  government  levies  such 
taxes  as  are  necessary,  and  these  are  collected  by  local 
officers. 

Any  neighborhood  government,  whatever  may  be  its 
name,  can  be  expected  to  render  such  services  as  these 
just  mentioned.  It  is  always  the  business  of  the  locality 
to  preserve  peace  and  good  order  within  its  boundaries, 
to  attend  to  its  own  roads  and  streets,  to  educate  its  own 
youth,  to  support  its  own  poor,  to  care  for  its  own  health, 
to  levy  and  collect  its  own  taxes.  If  the  locality,  how- 
ever, is  a  large  town  or  city  its  government  must  do  all 
this  and  much  more  than  this,  for  where  people  live  close 
together  government  always  has  more  things  to  do  than 


84  THE  POWERS  OF  GOVERNMENT 

it  has  where  they  Uve  far  apart.  What  the  additional 
services  of  a  city  are,  however,  need  not  concern  us  at 
this  point,  for  the  subject  will  receive  special  attention 
hereafter. 

This  general  account  of  the  nature  of  local  government 
and  of  the  kind  of  work  it  does  prepares  us  to  make  a 
particular  study  of  the  several  different  types  of  local 
government.  The  local  governments  that  should  be 
studied  are  the  County,  the  Township,  the  Town,  the 
Village,  and  the  City.  In  the  next  lesson  the  County  will 
receive  attention. 

QUESTIONS  AND  EXERCISES 

1.  Describe  a  community  in  which  all  the  local  services  mentioned 
in  the  lesson  are  performed  badly. 

2.  Describe  a  community  in  which  all  the  local  services  mentioned 
in  the  lesson  are  performed  well. 

3.  Does  the  constitution  of  this  State  give  the  local  government 
much  power  or  little  power? 

4.  Suppose  the  people  of  a  locality  do  not  manage  their  affairs  well, 
ought  the  State  government  to  step  in  with  its  officers  and  govern  the 
locality?  Which  is  better  in  such  a  case,  self-government  or  good 
government? 

5.  Give  reasons  why  you  ought  to  take  a  part  in  the  business  of 
local  government. 


XVI.    THE  COUNTY 

"The  town  and  county  have  shaped  the  life  of  the  States  of  the 
Union." — Aiistin  Scott. 

Introduction. — ^The  local  government  that  touches  the 
lives  of  the  greatest  number  of  people  is  the  county. 
Every  State  and  Territory  is  divided  into  counties,  and 
as  a  rule  every  town,  township,  village,  and  city  is  located 
in  some  county.^  Almost  everybody,  therefore,  lives  in 
a  county  and  is  interested  in  county  government. 

County  Government  Not  Everywhere  the  Same.— The 
services  rendered  by  the  county  government  differ  as 
we  pass  from  State  to  State.  In  the  southern  States  and 
in  many  of  the  western  States  the  county— outside  of 
towns  and  cities — performs  most  of  the  local  services 
mentioned  in  the  last  lesson.  In  the  Middle  Atlantic 
States  and  in  the  States  of  the  great  Middle  West  there 
are  within  the  county  a  number  of  smaller  local  gov- 
ernments known  as  townships  (Lesson  XVIII),  which  do 
a  part  of  the  work  of  local  government,  and  leave  a  fair 
portion  of  that  work  for  the  county  to  do.  In  New  Eng- 
land there  are  within  the  county  a  number  of  local  gov- 
ernments known  as  towns  (Lesson  XVII),  which  perform 

^  The  county  in  Louisiana  is  known  as  the  parish. 

Baltimore,  St.  Louis,  Washington,  D.  C,  and  many  cities  in  Vir- 
ginia are  not  located  in  coimties.  The  city  of  New  York  includes  all 
the  territory  of  five  countiea 

85 


86 


LOCAL  GOVERNMENT 


nearly  all  the  services  of  local  government  and  leave  the 
county  very  little  to  do. 

Since  the  county  in  different  parts  of  the  country  has 
different  work  to  perform  we  must  not  expect  counties 
everywhere  to  have  the  same  officers,  nor  can  we  expect 
to  find  county  officers  of  the  same  name  everywhere 
performing  precisely  the  same  duties.    Still,  in  many  im- 


A  County  Courthouse  and  Jail 

portant  matters   county  government  is  everywhere  the 
same. 

The  County  Seat. — Every  county  has  a  county  seat 
where  the  courts  are  held  and  where  the  business  of  the 
county  is  transacted.  The  county  seat  may  very  prop- 
erly be  called  the  capital  of  the  county.  It  is  the  political 
center  of  the  county,  very  often  the  geographical  center, 
and  in  many  cases  the  commercial  center.  Here  are 
located  the  courthouse,  the  jail,  and  other  county  build- 


THE  COUNTY  87 

ings.  Sometimes  a  county  has  two  county  seats,  but  this 
occurs  very  seldom  indeed. 

The  County  Commissioners  or  Supervisors. — ^Most  of 
the  public  business  of  the  county  is  done  by  a  Board  of 
County  Commissioners^ — called  in  some  States  Super- 
visors.^ This  board  consists  of  three  or  more  members 
who  hold  their  office  for  a  term  that  varies,  in  different 
States,  from  one  to  six  years.  In  most  of  the  States  the 
County  Commissioners  (Supervisors),  like  most  of  the 
other  county  officers,  are  elected  by  the  people. 

The  power  and  duties  of  the  County  Commissioners  vary 
as  we  pass  from  State  to  State,  but  as  a  rule  the  Commis- 
sioners do  at  least  the  following  things: 

(1)  They  fix  the  rate  of  taxation  for  the  county. 

(2)  They  appropriate  money  for  the  payment  of  the 
salaries  of  county  officers  and  to  meet  the  other  expenses 
of  county  government. 

(3)  They  make  contracts  for  repairing  old  roads  and 
opening  new  ones,  and  for  building  and  repairing  bridges. 

(4)  They  make  contracts  for  building  and  repairing 
public  buildings,  such  as  courthouses,  jails,  and  alms- 
houses. 

(5)  They  appoint  subordinate  county  officials. 

^  This  board  is  called  in  some  of  the  States  the  county  court;  in  sev- 
eral States  it  is  called  the  levy  court  because  it  is  the  body  that  levies 
(raises)  the  taxes.    In  Rhode  Island  there  are  no  County  Commissioners. 

^  In  some  States  the  supervisors  of  all  the  different  townships 
of  a  coimty  act  as  a  board  of  County  Commissioners  or  Supervisors. 
This  is  true  of  New  York,  Michigan,  and  Wisconsin,  and  of  many 
counties  of  Illinois. 


88  LOCAL  GOVERNMENT 

(6)  They  represent  the  county  in  the  courts  when  it  is 
sued  for  damages. 

The  Court  Officials  of  the  County.— The  county  is 
everywhere  a  district  for  the  administration  of  justice, 
and  at  every  county  seat  one  or  more  judges  sit  for  the 
trial  of  cases.  These  judges  generally  are  not  themselves 
county  officers  but  are  State  officers;  yet  in  conducting 
the  business  of  the  court  in  each  county  they  receive  the 
assistance  of  several  county  officers.  The  principal  county 
officers  who  assist  the  judges  in  their  duties  are  the  fol- 
lowing: 

(1)  The  Sheriff  has  been  called  the  "arm  of  the  judge" 
because  he  carries  out  the  orders  of  the  judge.  If  the 
judge  orders  a  man  to  be  taken  to  prison,  the  sheriff  takes 
him;  if  he  orders  property  to  be  sold,  the  sheriff  sells  it; 
if  he  sentences  a  man  to  be  hanged,  in  some  states  the 
sheriff  hangs  him.  It  is  the  duty  also  of  the  sheriff  to  pre- 
serve peace  and  order.  If  there  is  a  riot,  the  sheriff  quells 
it.  When  necessary,  the  sheriff  may  call  to  his  aid  dep- 
uties or  helpers.  In  times  of  great  danger  or  disturbance, 
the  sheriff  may  call  to  his  aid  the  posse  comitatus,  that  is, 
every  able-bodied  man  in  the  county.  The  sheriff  usually 
lives  at  the  county  seat  and  has  charge  of  the  county  jail 
and  its  prisoners. 

(2)  The  Prosecuting  Attorney — called  in  some  States  the 
State's  Attorney,  in  others  the  District  Attorney,  in  others 
the  County  Attorney,  and  in  still  others  the  SoHcitor — 
appears  in  the  county  court  at  the  trial  of  a  criminal  and 
presents  the  case  against  him.    If  the  evidence  goes  to  show 


THE  COUNTY  89 

that  the  accused  is  guilty  it  is  the  business  of  the  prosecu- 
ting attorney  to  do  all  in  his  power  to  secure  the  conviction 
of  the  offender.  A  faithful  prosecuting  attorney  is  a  terror 
to  criminals. 

(3)  The  Coroner. — ^When  a  person  is  murdered  or  is 
found  dead  or  dies  mysteriously  the  coroner  (usually  a 
.physician)  takes  charge  of  the  body  of  the  dead  person 
and  inquires  into  the  cause  of  the  death.  If  he  thinks 
that  there  has  been  foul  play,  he  will  summon  six  or 
twelve  men  to  act  as  a  coroner's  jury,  and  an  examina- 
tion will  be  made.  Witnesses  will  be  summoned,  and  the 
jury,  after  hearing  evidence,  will  state  in  writing  what 
they  think  was  the  cause  of  the  death.  This  examination  is 
called  the  "  coroner's  inquest." 

(4)  The  Clerk  of  the  County  Court. — Any  court  above  a 
police  court,  or  above  that  of  a  justice  of  the  peace,  is  a 
"court  of  record";  that  is,  its  proceedings  are  enrolled 
in  permanent  form.  The  county  court  is  a  court  of  record, 
and  the  man  who  keeps  its  records  is  called  the  Clerk  of 
the  Court.  This  officer  is  a  kind  of  secretary  to  the  judge. 
He  writes  out  an  account  of  trials  and  keeps  a  record  of 
the  judgments  of  the  court.  Besides  this,  in  some  States, 
he  keeps  a  record  of  deeds  and  mortgages  affecting  any  land 
'in  the  county,  issues  marriage  certificates,  and  records  all 
births  and  deaths.  This  officer  in  some  States  is  called  the 
Prothonotary. 

Other  County  Officials. — ^The  county  officers  thus  far 
mentioned  are  found  in  almost  every  State.  In  addi- 
tion to  these  there  are  several  other    county  officials 


90  LOCAL  GOVERNMENT 

that  are  found  in  many  or  most  States.     Among  these 
are: 

(5)  The  County  Treasurer ^  who  receives  and  pays  out 
the  money  raised  by  taxation. 

(6)  The  County  Auditor,  who  examines  the  books  of 
the  treasurer  and  of  the  other  officers  and  reports  whether 
the  public  accounts  are  kept  properly  and  honestly. 

(7)  County  Assessors,  who  estimate  the  value  of  the  prop- 
erty of  each  taxpayer  in  the  county;  and  County  Tax  Col- 
lectors, who  collect  the  taxes  and  turn  them  over  to  the 
treasurer.^ 

(8)  The  Register  or  Recorder  of  Deeds. — In  all  the  States, 
when  real  estate  is  sold  or  is  in  any  manner  transferred 
from  one  person  to  another,  a  public  record  of  the  trans- 
fer is  necessary  to  protect  the  rights  of  the  new  claimant. 
In  about  half  the  States  the  keeping  of  this  record  is 
intrusted  to  a  special  county  officer  known  as  the  Register, 
or  Recorder  of  Deeds. 

(9)  The  Probate  Court. — In  most  of  the  States  there  are 
county  officers  known  as  Judges  of  the  Probate  Court. ^ 
It  is  the  business  of  these  officers  to  examine  the  wills 
of  deceased  persons  and  decide  whether  they  have  been 
made  as  wills  by  law  ought  to  be  made.  When  a  person 
dies  without  having  made  a  will  and  leaves  no  one  to 

*  A  detailed  treatment  of  the  usual  methods  of  taxation  is  post- 
poned to  Chapters  XXXVII  and  XXXVIU. 

^  In  Pennsylvania,  Delaware,  and  Maryland  they  are  called  Judges  of 
the  Orphans'  Court;  in  Georgia  the  probate  judge  has  the  title  of  Ordi- 
nary.   In  New  York  and  New  Jersey  the  probate  judges  are  (Called  Sur- 


THE  COUNTY  91 

take  charge  of  his  estate,  the  probate  court  will  appoint 
an  Administrator  to  take  charge  of  it.  When  a  child  is 
left  without  father  or  mother,  the  probate  court  will 
appoint  a  guardian  who  will  manage  the  estate  until  the 
child  comes  of  age.  In  general,  the  business  of  the  pro- 
bate court  is  to  see  that  the  property  of  the  dead  falls 
into  rightful  hands. 

(10)  The  Superintendent  of  Schools, — ^In  nearly  all  the 
States  there  is  a  county  officer  whose  duty  is  to  look  after 
the  interests  of  the  public  schools  of  the  county.  This 
officer  usually  sets  the  examinations  for  teachers,  visits 
the  schools,  makes  out  courses  of  study,  holds  teachers' 
institutes,  and  improves  the  schools  in  every  way  he 
can. 

(11)  The  School  Board, — ^In  a  few  States  a  county 
School  Board  has  the  general  management  of  the  schools 
of  the  county. 

QUESTIONS  AND  EXERCISES 

1.  Bound  accurately  the  county  in  which  you  live.  When  was  it 
organized?  What  is  its  area?  Its  population?  Its  county  seat? 
How  came  it  by  its  name?  What  are  its  largest  villages?  Is  there  a 
city  situated  in  it?    How  many  counties  are  there  in  this  State? 

2.  If  in  your  State  there  are  county  officers  not  named  in  the  lesson, 
name  these  officers  and  describe  the  duties  of  each. 

3.  Explain  the  difiference  between  the  words  "elected"  and  "ap- 
pointed." 

4.  What  qualifications  should  a  sheriff  possess?  A  register  of  deeds? 
A  State's  attorney?  A  county  treasurer?  A  superintendent  of  schools? 
As  far  as  you  know,  are  the  officers  of  your  county  chosen  on  account 
of  their  fitness  for  office? 

5.  Are  you  proud  of  your  county?   If  so,  for  what  reasons? 


92 


LOCAL  GOVERNMENT 


6.  Draw  a  map  of  your  county,  locating  its  county  seat,  and  its 
chief  towns  and  villages. 

7.  Make  out  a  table  showing  the  titles  of  your  county  officers,  their 
names,  the  length  of  their  terms  of  office  and  whether  they  are  ap- 
pointed or  elected. 


Title 

Name 

Length  of  term 

Appointed 
or  elected 

Salary 

Sherifif 

J.  G.  Smith 

2  years 

elected 

$1500 

XVII.  TOWN  GOVERNMENT 

'"The  town  governments  of  New  England  proved  themselves  the 
wisest  invention  ever  devised  by  the  wit  of  man  for  the  perfect  exercise 
of  self-government  and  for  its  preservation." — Thomas  Jefferson. 

Early  Town  Government  in  New  England. — In  New 
England,  after  you  pass  from  the  governments  of  the 
home  and  of  the  school,  the  government  that  you  meet 
first,  if  you  do  not  live  in  a  city  or  village,  is  that  of  the 
tovm. 

A  town,  or  tun  (toon),  in  the  earliest  times  was  a  cluster 
of  farmers'  dwellings,  barns,  and  cattle  sheds,  such  as 
may  be  seen  to-day  in  many  parts  of  Germany.  Aroimd 
the  tun  was  either  a  wall  of  earth  or  a  dense  hedge,  and 
outside,  encircling  the  mound  or  hedge,  was  a  ditch.  The 
tun  was  thus  fortified  against  its  foes.  In  the  center  of 
the  inclosure,  usually  under  a  large  tree,  was  held  the 
tun  moot,  or  meeting  of  all  the  freemen  of  the  tun.  At 
this  moot  newcomers  were  admitted  to  dwell  within  the 
tun,  lands  were  granted  to  freemen,  "strife  of  farmer  and 
farmer  was  settled,"  laws  for  the  government  of  the  tun 
were  passed,  and  officers  to  execute  those  laws  were  elected. 
Two  thousand  years  ago  our  forefathers  governed  them- 
selves in  the  tun  moot  in  the  wilds  of  Germany;  when  they 
settled  in  England  fifteen  hundred  years  ago  they  carried 
the  tun  moot  with  them;  and  when,  nearly  three  hundred 
years  ago,  the  Pilgrims  landed  at  Plymouth,  they  at  once 

93 


94 


LOCAL  GOVERNMENT 


came  together  in  tun  moot,  or  town  meeting,  for  the  pur- 
pose of  transacting  pubHc  affairs. 

The  EngHshmen  who  first  settled  in  New  England  were 
a  very  rehgious  people.  One  of  the  first  things  they  did 
in  a  new  settlement  was  to  build  a  church  in  some  place 
convenient  for  all  to  attend.    This  church  was  called  a 


A  Town  Meeting  in  Early  New  England 

meetinghouse,  and  this  was  a  good  name  for  it,  for  it  wa? 
a  comfnon  meeting  place  for  all  in  the  settlement.  The 
congregation  that  met  in  it  on  the  Sabbath  as  worshipers 
would  meet  in  it  on  a  week  day  as  citizens  and  transact 
public  affairs.  Thus  local  government  in  New  England 
centered  around  a  church.  A  congregation  of  churchgoers 
was  organized  as  a  government,  and  this  government  was 
called  a  town.    When  a  town  became  so  large  in  extent 


TOWN  GOVERNMENT  95 

that  it  was  inconvenient  for  all  to  attend  one  church,  a  new 
church  was  built  and  a  new  town  was  organized.  You 
rarely  find  a  town  in  New  England  so  large  that  a  person 
cannot  with  convenience  attend  a  church  situated  in  its 
center.  Every  male  citizen  above  twenty-one  years  of  age 
who  attended  the  church — and  everybody  was  required 
to  go  to  church — had  the  right  to  go  to  the  meeting- 
house and  take  part  in  the  town  meetings.  Voters  are 
no  longer  required  to  attend  church,  but  in  other  respects 
the  town  governments  of  New  England  to-day  are  almost 
exactly  like  those  of  the  early  years  of  our  history. 

The  Town  Meeting. — ^The  most  important  feature  of 
the  town  government  is  the  town  meeting.  Once  a  year 
all  the  qualified  voters  of  the  town  hold  a  meeting  to  dis- 
cuss measures  relating  to  town  affairs,  and  to  take  action 
thereon.  The  meeting  is  no  longer  held  in  a  church,  but 
in  the  townhouse,  or  townhall.  When  the  people  have 
assembled,  the  town  clerk  calls  them  to  order,  and  states 
the  purposes  for  which  the  meeting  was  called.  A  mod- 
erator is  then  chosen  to  preside  over  the  meeting,  and 
business  proceeds  according  to  parliamentary  rules.  In  a 
town  meeting  we  see  pure  democracy  at  work.  Instead 
of  sending  men  to  conduct  affairs  for  them,  as  in  a  repre- 
sentative government,  the  people  are  there  in  person. 
Young  and  old,  rich  and  poor,  take  part  in  the  proceed- 
ings, and  any  citizen  present  may  exert  the  full  force 
of  his  character  and  influence.  Every  measure  that  is 
brought  up  is  freely  discussed  and  criticised.  Those  in 
favor  of  the  measure  state  their  argument  for  it;  those 


96  LOCAL  GOVERNMENT 

opposed  to  it  state  their  objections.  When  the  discussion 
is  at  an  end  a  vote  is  taken,  and  whatever  the  result  may 
be,  all  present  feel  that  the  will  of  the  people  has  been 
expressed.  All  matters  relating  to  the  public  affairs  of 
the  town  are  settled*  The  most  important  things  done 
are  these: 

(1)  The  rate  of  taxation  is  fixed.  Money  is  appropri- 
ated for  the  schools,  for  the  care  of  the  roads,  for  the 
support  of  the  poor,  for  the  salaries  of  officers,  and  for 
other  necessary  expenses. 

(2)  By-laws  are  passed  for  the  regulation  of  local  mat- 
ters. The  word  by  originally  meant  town;  hence  a  by-law 
is  a  town  law.  A  law  passed  in  town  meeting  regulating 
the  speed  of  automobiles  is  an  example  of  a  by-law. 

(3)  Town  officers  are  elected. 

Town  Officers. — ^The  principal  town  officers  are  as  fol- 
lows: 

(1)  The  Selectmen. — ^The  general  management  of  town 
affairs  during  the  year  is  placed  in  the  hands  of  three,  or 
five,  or  seven,  or  nine  citizens,  called  Selectmen.  These 
officers  carry  into  effect  the  measures  passed  at  the  town 
meeting.  They  supervise  the  laying  out  of  roads;  they 
grant  licenses;  they  care  for  the  poor;  they  take  measures 
to  abate  nuisances,  check  the  advance  of  diseases,  and 
otherwise  preserve  the  health  of  the  town;  they  listen  to 
complaints  against  the  management  of  town  affairs;  they 
represent  the  town  in  court  when  it  is  sued;  they  make 
out  the  warrant  when  a  special  town  meeting  is  to  be 
called. 


TOWN  GOVERNMENT  ©7 

(2)  The  Town  Clerk  calls  the  town  meeting  to  order 
and  keeps  a  record  of  the  proceedings.  In  addition  to 
this  he  keeps  a  record  of  the  births,  marriages,  and  deaths 
in  the  town,  and  grants  certificates  to  those  wishing  to 
marry.  In  fact,  most  matters  of  town  record  are  in  his 
keeping. 

(3)  Assessors  estimate  the  value  of  property  liable  to 
taxation. 

(4)  Tax  Collectors  collect  the  tax. 

(5)  The  Town  Treasurer  receives  and  pays  out  the  money 
which  the  town  raises  by  taxation. 

(6)  The  Overseers  of  the  Poor  have  charge  of  the  town 
almshouse,  and  they  give  relief  to  the  deserving  poor. 

(7)  The  Constables  are  peace  officers,  and  every  town 
has  one  or  more  of  them.  They  arrest  for  crime,  and 
assist  the  selectmen  in  executing  the  law. 

(8)  The  Surveyors  of  Highways  inspect  roads  and  bridges, 
and  are  responsible  for  keeping  them  in  repair. 

(9)  Fence  Viewers  settle  disputes  that  may  arise  be- 
tween neighbors  about  partition  fences  or  walls. 

(10)  Field  Drivers. — ^When  cows,  or  horses,  or  other 
animals  are  found  wandering  about  the  town  the  field 
driver  puts  them  into  a  pound,  and  keeps  them  until  their 
rightful  owner  is  found. 

This  list  of  officers  is  not  complete,  yet  it  is  long  enough 
to  show  that  a  great  many  people  take  part  in  the  govern- 
ment of  a  town.  It  is  quite  possible  that  there  are  towns 
in  which  there  is  hardly  one  intelligent  citizen  who  does 
not  sometime  in  his  life  hold  pubUc  office.     This  general 


98  LOCAL  GOVERNMENT 

participation  in  the  business  of  government  does  much 
to  make  the  people  of  New  England  a  most  wide-awake 
and  progressive  body  of  citizens. 

QUESTIONS  AND  EXERCISES 

(For  Pupils  in  Towns.) 
i    1.  What  kind  of  men  make  good  selectmen?    What  should  be  the 
qualifications  of  a  good  town  clerk? 

2.  What  are  the  boundaries  of  the  town  in  which  you  Uve?  When 
was  your  town  organized?    Is  there  a  church  near  its  center? 

3.  Make  out  a  list  of  the  names  of  all  who  now  hold  town  offices. 

4.  Should  boys  and  girls  be  allowed  to  take  part  in  town  meetings? 
Are  they  represented  there? 

5.  In  what  things  should  a  town  try  to  excel?  In  what  does  your 
town  excel? 

6.  How  much  money  is  raised  by  taxation  in  your  town?  What  is 
the  tax  rate?  Is  this  higher  or  lower  than  the  rate  in  neighboring 
towns? 


XVIII.   THE  TOWNSHIP 

"The  western  method  of  local  government  [the  county-township 
system]  for  simpUcity,  symmetry,  flexibility,  and  administrative  effi- 
ciency is  superior  to  any  other  system  which  the  Teuton  mind  has  yet 
produced." — G,  E,  Howard. 

The  Nature  of  Township  Government. — ^In  the  Mid- 
dle Atlantic  States  and  in  those  western  States  that  have 
been  settled  largely  by  emigrants  from  the  Middle  States, 
such  as  Ohio,  Indiana,  Illinois,  the  government  that  comes 
closest  to  the  door  of  the  citizen  is  that  of  the  township. 
A  township  is  a  small  portion  of  a  county  in  which  the 
people  exercise  some  of  those  powers  of  government  which 
are  exercised  by  the  town  of  New  England  and  by  the 
county  in  the  southern  States.  Township  government, 
therefore,  lies  halfway  between  town  government  and 
county  government.  In  New  England  the  people  of  a 
town  (by  which  we  mean  the  people  of  a  small  neighbor- 
hood) have  nearly  all  the  powers  of  local  government 
in  their  hands,  and  very  little  is  left  for  the  county  to  do. 
In  a  southern  county  the  people  of  a  small  community 
exercise  hardly  any  of  the  powers  of  government;  every- 
thing is  done  by  the  county.  Now  in  a  township  a  few 
of  the  powers  of  local  government  are  taken  from  the 
county  and  given  to  the  people  of  a  small  neighborhood. 
The  things  done  by  the  township  government  are  usually 
three:  it  supports  'public  schools,  it  cares  for  the  roads, 

99 


100  LOCAL  GOVERNMENT 

and  it  helps  the  poor.  It  also,  in  many  States,  levies  and 
collects  taxes  with  which  to  pay  for  these  things. 

Township  Meetings  and  Township  Elections. — In  New 
York,  New  Jersey,  Michigan,  Illinois,  Wisconsin,  Minne- 
sota, Nebraska,  and  the  Dakotas  the  township  resembles 
somewhat  the  New  England  tow^n.  In  these  States  the 
voters  come  together  once  a  year — usually  in  the  spring — 
in  township  meeting  and  vote  on  township  matters.  At 
these  meetings  little  is  done  except  to  elect  the  township 
officers.  In  some  of  the  above-named  States,  however, 
after  the  officers  have  been  elected  the  voters  fix  the  tax 
rate  and  do  some  other  things  that  in  New  England  are 
done  at  the  town  meeting.  In  other  words,  in  the  above- 
named  States  the  township  resembles  a  pure  democracy. 

In  the  other  States  in  which  there  are  township  gov- 
ernments, that  is  to  say,  in  Pennsylvania,  Ohio,  Indiana, 
Iowa,  Kansas,  Missouri,  and  Oklahoma,  there  are  no 
township  meetings  but  only  township  elections.  In  these 
States  the  township  is  a  representative  government:  the 
voters  simply  elect  the  officers  and  these  govern  the  town- 
ship. 

Officers  of  the  Township.— Township  officers  are  not 
precisely  the  same  in  any  two  States,  yet  in  most  of  the 
States  where  the  township  appears  there  is  a  set  of  officers 
whose  titles  and  duties  are  somewhat  as  follows: 

(1)  The  Supervisor  or  Supervisors  (sometimes  called 
Trustees)  take  care  of  the  roads  and  bridges,  erect  and  keep 
in  repair  guideposts  and  watering  troughs,  and  plant  shade 
trees  along  the  roadside.    They  may  build  and  keep  in  re- 


THE  TOWNSHIP  101 

pair  a  townhoit^e,  in  which  elections  may  be  held  and  officers 
of  the  town  may  transact  the  public  business. 

(2)  The  School  Directors  have  control  of  the  public 
schools  within  the  township.  Their  powers  and  duties 
have  been  stated  in  a  previous  lesson  (p.  25).  In  some 
States  the  directors  of  all  the  townships  in  a  county  meet 
every  second  or  third  year  and  elect  a  Superintendent 
of  Schools  for  the  county. 

(3)  The  Township  Clerk  is  a  secretary  for  the  super- 
visors or  trustees.  He  keeps  the  records  and  accounts 
of  the  township. 

(4)  The  Assessors. — ^The  chief  duty  of  the  township  as- 
sessors is  like  that  of  town  or  county  assessors.  Sometimes 
the  assessors  act  also  as  registrar  of  voters  (p.  49).  Some- 
times they  keep  a  record  of  all  births  and  deaths  for  the 
township. 

(5)  The  Tax  Collector  collects  the  taxes  in  the  township. 

(6)  The  Avditors  examine  the  accounts  of  other  officers 
of  the  township  to  see  that  all  money  has  been  expended 
properly  and  honestly. 

(7)  The  Justice  of  the  Peace  ^  holds  court  on  a  small 
scale;  he  acts  as  a  peacemaker  between  his  neighbors 
in  their  petty  disputes;  he  administers  oaths;  he  per- 
forms the  marriage  ceremony. 

(8)  The  Constable  acts  as  the  peace  officer  of  the  town- 
ship, and  is  the  ^'arm  of  the  justice  of  the  peace,"  much  as 
the  sheriff  is  the  ^'arm  of  the  judge"  (p.  88). 

(9)  The  Overseers  of  the  Poor  attend  to  the  needs  of  the 
*  More  is  said  about  the  Justice  of  the  Peace  on  pages  144,  145. 


102 


I.OGA.1^  GOVERNMENT 


poor.     When  there  is  no  poorhouse  in  the  county,  the 

township  supports  the  poor  by  sending  them  provisions 
to  their  homes  or  paying  some  one  to  provide  for  them. 
In  some  States  overseers  may  lay  a  tax  for  the  support 
of  the  poor  of  the  township. 

QUESTIONS  AND  EXERCISES 

(For  Pupils  in  Townships.) 

1.  How  many  townships  in  the  county  in  which  you  live?  Name 
them. 

2.  Bound  the  township  in  which  you  live.  What  is  its  population? 
Draw  a  map  of  it,  locating  the  townhouse.  Locate  any  villages  that 
it  may  contain. 

3.  What  is  the  rate  of  taxation  in  your  township?  How  does  this 
compare  with  the  rate  of  adjoining  townships? 

4.  Are  the  officers  of  your  township  elected  by  ballot,  or  by  the 
people  assembled  in  town  meeting? 

5.  Do  the  supervisors  (or  trustees)  of  your  township  serve  as  mem- 
bers of  a  county  board  of  supervisors? 

6.  Make  out  a  table  showing  the  titles  of  your  township  officers, 
their  names,  the  length  of  their  terms  of  office,  whether  they  are  ap- 
pointed or  elected,  and  the  salary  or  compensation. 


Title 


Name 


Length  of  term 


Appointed 
or  elected 


Salary  or 
compensation 


XIX.  MUNICIPAL  GOVERNMENT 

"I  biess  God  for  cities.  Cities  have  been  as  lamps  of  life  along  the 
pathway  of  humanity  and  religion.  Within  them  science  has  given 
birth  to  her  noblest  discoveries.  Behind  their  walls  freedom  has 
fought  her  noblest  battles." — Colton. 

Why  Municipal  Government  is  Necessary.— The  local 
governments  thus  far  studied,  the  County,  the  Town,  the 
Township,  are  best  fitted  to  perform  the  local  services  of 
farming  districts  and  thinly  settled  communities.  These 
may,  therefore,  be  called  the  rural  governments.^  For 
thickly  settled  communities,  for  villages,^  boroughs,  and 
cities,  a  special  kind  of  government,  known  as  munici' 
pal  government,  is  necessary.  Let  us  learn  why  it  is  nec- 
essary for  a  densely  populated  community  to  have  a 
special  kind  of  government. 

There  is  an  old  saying  that  "Rome  was  not  built  in  a 
day."  This  is  true  of  all  cities.  The  miles  of  streets  and 
the  grand  buildings  you  see  around  you  in  a  city  wers  not 
built  in  a  day.  A  city  begins  with  one  building,  perhaps 
a  flourmill,  or  a  sawmill,  or  a  farmhouse,  or  a  rude  shed 
for  cattle.    Let  us  try  to  follow  in  our  imagination  the 

^  It  is  only  partly  true  to  speak  of  the  New  England  town  as  a 
rural  government,  for  very  often  the  towns  of  New  England  are  very 
thickly  settled  and  sometimes  are  cities  in  almost  everything  except 
in  name. 

^  What  is  called  a  village  in  some  States  is  in  other  States  called  a 
town,  but  the  word  town  here  does  not  mean  the  town  discussed 
in  Lesson  XVII. 

108 


104  LOCAL  GOVERNMENT 

growth  of  a  city.  Let  us  suppose  the  first  building  is  a 
sawmill  built  in  a  forest  of  fine  timber. 

Soon  after  the  mill  is  built  its  manager  builds  a  home 
for  himself  and  family.  In  a  short  time  rows  of  houses 
are  built  as  dwellings  for  the  men  who  work  in  the  mill 
and  for  those  who  cut  down  the  trees.  These  rows  of 
houses  are  the  beginnings  of  streets.  The  families  who 
dwell  in  these  houses  must  be  supplied  with  groceries  and 
other  necessaries;  hence  it  is  not  long  before  a  merchant 
comes  and  erects  a  building  for  a  store.  The  horses  that 
haul  the  logs  must  be  shod  and  the  wagons  repaired; 
hence  a  blacksmith  shop  and  a  wheelwright  shop  must  be 
built.  A  railroad  is  built  near  the  settlement,  and  this 
brings  a  station  and  a  station  master. 

The  place  must  now  have  a  name.  A  natural  name  for 
it  would  be  Millville.  Let  us  call  it  that.  Millville  is 
prosperous,  and  many  who  wish  to  join  in  its  prosperity 
are  attracted  to  it.  The  doctor  and  the  druggist,  the 
shoemaker  and  the  carpenter,  with  their  families,  come 
to  try  their  fortune.  Soon  a  schoolhouse  is  built,  and 
a  church  and  a  house  for  the  preacher.  Another  mill  is 
built.  This  means  more  workmen  and  more  merchants. 
Now  comes  the  tailor,  the  seamstress,  the  music  teacher, 
the  barber,  and  baker,  and  many  others. 

Millville  has  a  thousand  inhabitants,  but  it  has  no 
separate  government.  It  is  governed  precisely  as  the 
more  thinly  settled  region  around  it  is  governed.  It  pays 
a  large  share  of  the  taxes  of  the  county  in  which  it  is 
situated,  yet  it  gets  but  little  return  for  the  money.    In 


MUNICIPAL  GOVERNMENT  105 

the  spending  of  the  taxes  but  Httle  attention  is  given  to 
its  needs.  It  needs  street  lamps,  sidewalks,  sewers,  water- 
works, poHcemen,  firemen.  It  also  needs  certain  powers 
of  government  that  are  necessary  wherever  a  large  num- 
ber of  people  live  together.  As  it  is,  in  Millville  each 
person  acts  in  reference  to  his  neighbor's  comfort  about 
as  he  pleases.  He  paves  the  sidewalk  in  front  of  his 
house,  or  does  not  pave  it,  as  best  suits  him;  he  helps  to 
buy  oil  for  the  street  lamps,  or  he  refuses;  if  he  sees  fit, 
he  may  throw  garbage  into  the  street,  and  commit  other 
offenses  against  the  health  of  the  town:  there  are  no  officers 
and  no  laws  to  hinder  him.  When  there  is  a  drunken  row, 
there  are  no  officers  to  arrest  the  offenders. 

Village  and  Borough  Government. — In  order  to  change 
this  state  of  things  and  make  Millville  a  safer,  cleaner,  and 
more  beautiful  place  in  which  to  live,  its  inhabitants  get 
for  it  a  special  government.  The  people  of  the  settlement 
organize  as  a  village,  or  borough,  or  town.  They  are  per- 
mitted to  do  this  by  a  State  law  which  provides  for  the 
government  of  villages  or  towns.  They  apply  to  the 
judge  of  some  court  or  to  some  other  officer  and  get  a 
charter  for  a  municipal  government.  In  this  charter  the 
village  is  given  a  legal  name  and  its  boundaries  are  care- 
fully stated.  The  charter,  or  the  State  law,  also  states 
what  officers  the  village  is  to  have  and  what  powers  the 
officers  are  to  exercise.  What  these  officers  are  called 
and  what  are  their  powers  can  be  learned  only  from  the 
village  charter  or  the  law  itself.  If  you  live  in  a  chartered 
viUage  by  all  means  get  a  copy  of  your  village  charter 


106  LOCAL  GOVERNMENT 

and  study  it.  Doubtless  the  charter  provides  for  a  village 
president,  or  mayor,  or  chief  burgess,  and  for  a  body  of 
trustees  or  commissioners  or  councilmen  or  burgesses.  In 
addition  the  village  may  have  a  clerk,  a  treasurer,  a  tax  col- 
lector, a  constable,  a  justice  of  the  peace,  and  a  street  com- 
missioner. ' 

Under  their  charter  the  citizens  of  Millville  begin  the 
business  of  governing  a  village.  A  police  officer  is  em- 
ployed, waterworks  are  built,  a  fire  engine  is  bought, 
sewers  are  laid,  streets  are  paved  and  lighted  and  kept 
clean,  better  schoolhouses  and  better  schools  are  pro- 
vided. To  pay  for  all  these  things  village  or  borough  taxes 
are  levied  upon  the  property  holders. 

We  will  suppose  that  under  its  new  government  Mill- 
ville is  stirred  with  new  life.  More  mills  are  built;  large 
factories  employing  hundreds  of  people  are  set  in  opera- 
tion. The  population  rapidly  and  steadily  increases. 
In  the  course  of  time,  instead  of  having  a  thousand  in- 
habitants, it  has  come  to  have  many  thousands.  It  is 
now  found  that  the  village  form  of  government  does  not 
suit  so  large  a  place.  The  officers  provided  by  the  vil- 
lage charter  are  too  few  in  number  and  the  powers  are 
too  few  and  too  small.  Millville  has  become  a  city  and  it 
must  have  a  government  suitable  to  a  city. 

The  City  Charter. — When  the  village  becomes  a  city 
it  still  has  municipal  government  and  still  does  business 
under  a  charter. 

City  charters  are  usually  granted  by  the  State  Legisla- 
ture.  In  a  few  States,  however,  the  people  of  a  city  have  a 


MUNICIPAL  GOVERNMENT  107 

voice  in  the  making  of  the  charter  under  which  they  are  to 
live.  They  draw  up  a  charter  suitable  to  their  needs  and 
present  it  to  their  Legislature  for  approval. 

The  city  charter  provides  for  a  great  many  more  officers 
than  a  village  charter  and  grants  a  great  many  more  powers. 
The  charter  of  a  large  city  is  sometimes  a  volume  of  several 
hundred  pages.  The  names  and  titles  of  the  officers  of  a 
large  city  would  alone  fill  many  pages  of  this  book.  Because 
of  its  size,  then,  it  would  be  impossible  here  to  describe  fully 
the  charter  of  a  large  city. 

There  is  another  reason  why  a  description  of  a  city 
charter  might  not  be  satisfactory:  the  Legislature  is 
constantly  changing  the  charters  of  cities.  So  if  I  should 
take  the  charter  of  one  of  the  cities  of  your  State  and 
describe  the  government  of  that  city,  it  might  happen 
that  before  my  description  found  its  way  into  print  the 
Legislature  would  change  the  charter,  and  my  description 
would  be  no  description  at  all.  If  you  live  in  a  city  and 
want  a  full  and  true  description  of  your  city  government 
you  must  get  it  from  the  last  charter  granted  to  your  city. 

Still,  in  spite  of  the  different  ways  in  which  legislatures 
treat  cities  in  the  different  States,  and  in  spite  of  the 
fconstant  changes  that  are  being  made  in  charters,  mu- 
nicipal government  all  over  the  country  is  very  much 
the  same.  The  city  everywhere  has  nearly  the  same  kind 
of  work  to  do,  and  to  do  this  work  properly  there  must 
be  officers  of  a  certain  kind  and  these  officers  must  have 
powers  of  a  certain  kind:  What  these  officers  and  powers 
are  will  be  the  subject  of  the  next  lesson. 


108  LOCAL  GOVERTSfMENT 

QUESTIONS  AND  EXERCISES 
(For  Pupils  in  Villages,  Boroughs,  and  Towns.) 

1.  Obtain  a  copy  of  your  village  (or  borough)  charter,  and  examine 
it  for  answers  to  the  following  questions: 

(a)  When  was  the  charter  granted? 

(b)  By  what  authority  was  it  granted? 

(c)  What  is  the  title  of  the  executive  officer  of  the  village? 

(d)  What  is  the  governing  body  called?     What  are  the  powers  of 

this  body?    How  often  does  it  meet? 

(e)  Are  the  officers  of  the  village  elected  or  appointed? 

(/)  What  powers  of  taxation  does  the  charter  grant?  Could  the 
people  of  the  village  be  taxed  to  build  a  bridge  costing  $50,000? 
One  costing  $5,000? 

(g)  Who  are  entitled  to  vote  at  village  elections? 

(h)  What  are  the  boundaries  of  the  village? 

2.  What  improvements  are  needed  in  your  village?    Can  they  be 
secured  under  the  terms  of  the  charter? 

3.  Have  you  seen  villages  much  more  attractive  than  the  one  in 
which  you  live?     What  makes  a  village  attractive? 

4.  Are  the  officers  of  your  village  slow  and  old-fashioned,  or  pro- 
gressive and  modern,  in  their  ideas? 

5.  Prepare  a  table  for  village  officers  similar  to  that  which  was 
prepared  for  county  officers. 


XX.   MUNICIPAL  GOVERNMENT  {Continued) 

"The  modem  city  has  come  to  be  a  huge  corporation  for  carrying 
on  a  huge  business  with  many  branches." — John  Fiske. 

The  Three  Great  Departments  of  City  Government. — 

In  most  cities  we  see  very  clearly  the  separation  of  power 
that  gives  us  the  three  departments  of  government.  In 
cities  not  governed  by  the  commission  system^  the  munic- 
ipal charter  almost  always  provides  for  a  law-making 
department,  an  executive  department,  and  a  judicial  de- 
partment. But  all  judicial  officers  are  really  State  officers, 
for  they  act  in  the  name  of  the  State  even  though  they  are 
elected  for  a  city  and  by  the  voters  of  a  city.  The  judicial 
department  of  a  city  consists  simply  of  some  State  courts 
holding  their  sessions  within  the  borders  of  the  city.  So 
it  will  not  be  necessary  here  to  study  the  workings  of  the 
judicial  department  of  city  government,  for  that  subject 
will  be  treated  later  when  we  come  to  study  the  workings 
of  the  judicial  department  of  the  State  government  (Lesson 
XXVI).  Here  we  need  to  study  only  the  legislative  and 
executive  departments  of  city  government. 

The  City  Council. — The  legislative  department  of  a 
city  is  usually  called  the  City  Council.  It  generally  con- 
sists of  one  branch,  but  in  a  few  cities  it  has  two  branches. 
If  the  city  is  divided  into  wards,  the  voters  of  each  ward 

*The  commission  system  is  explained  on  pages  113-114. 
109 


110 


LOCAL  GOVERNMENT 


elect  one  or  more  councilmen  to  represent  them  in  the 
City  Council.  If  there  are  twenty  wards  in  the  city,  the 
Council  will  consist  of  twenty,  or  forty,  or  sixty  members, 
according  as  there  are  one,  two,  or  three  members  irom 


A  City  Hail 

yach  ward.  These  councilmen  meet  in  the  City  Hall,  and 
make  laws  for  the  government  of  the  city.  The  laws  that 
a  City  Council  makes  are  called  ordinances.  An  ordinance, 
then,  is  a  city  law.  These  ordinances  of  the  Council  relate 
to  almost  everything  that  concerns  life  in  a  city.    There 


MUNICIPAL  GOVERNMENT  111 

is  not  room  here  to  speak  of  all  the  things  done  by  a  City 
Council;  a  few  of  the  things  done  by  it,  however,  may  be 
mentioned. 

When  you  are  bom,  the  City  Council  requires  that  your 
name  be  registered  in  the  book  of  births;  when  you  are 
old  enough  to  go  to  school,  it  provides  for  you  schools  and 
teachers  and,  sometimes,  books;  if  your  parents  are  too 
poor  to  support  you,  it  will  help  you  with  food  and  cloth- 
ing; when  you  go  out  from  your  home,  you  walk  upon 
streets  paved  and  cleaned  and  lighted  by  the  Council;  if 
you  should  be  attacked,  its  policemen  will  arrest  your 
assailant;  if  you  wish  to  engage  in  some  business,  it  will 
probably  demand  of  you  a  license;  if  you  wish  to  build  a 
home,  you  must  first  get  from  it  permission  to  build;  if  your 
house  takes  fire,  its  firemen  come  rushing  to  put  the  fire  out. 
The  Council  provides  for  the  removal  of  garbage  from  your 
yard;  it  employs  men  to  inspect  the  quality  of  your  food 
and  drink;  it  provides  parks  and  open  squares  where  you 
may  get  a  breath  of  fresh  air  and  a  glimpse  of  nature;  it 
causes  to  be  brought  into  your  house  a  supply  of  fresh 
water,  and  it  provides  sewers  to  carry  waste  water  away 
from  your  house;  if  in  your  old  age  you  shall  be  infirm 
and  poor,  the  Council  will  care  for  you  in  its  asylums;  at 
last,  when  you  shall  die,  it  will  grant  a  permit  for  your 
burial,  and  the  fact  of  your  death  will  have  to  be  registered 
in  its  book  of  deaths. 

Thus  from  birth  to  death  the  acts  of  the  City  Council 
affect  the  lives  of  the  people  in  the  city.  How  important, 
then,  it  is  that  that  body  should  be  composed  of  honest 


112  LOCAL  GOVERNMENT 

and  intelligent  men!  How  tireless  should  be  the  efforts 
of  voters  to  secure  the  election  of  such  men!  Remember 
this :  If  you  succeed  in  getting  honorable,  wide-awake  men 
in  your  City  Council,  you  will  have  a  well-governed  city. 
As  far  as  you  know,  have  you  such  men  now  in  your  City 
Council? 

The  Mayor;  Municipal  Executive  Department. — ^At 
the  head  of  the  municipal  executive  department  stands 
the  Mayor.  This  officer  is  nearly  always  elected  directly 
by  the  people,  although  in  a  very  few  cases  he  is  chosen 
by  the  City  Council.  His  term  of  office  varies  from  one 
to  four  years.  The  chief  duty  of  the  Mayor  is  to  carry 
into  effect  the  ordinances  of  the  Council.  In  most  cities 
the  Mayor  can  veto  an  ordinance  of  the  Coimcil.  When 
an  ordinance  is  vetoed  it  is  generally  sent  back  to  the 
Council;  where  it  is  voted  upon  again  and  if  it  is  passed 
again  by  a  two-thirds  (or  three-fifths)  vote,  it  is  a  lawful 
ordinance,  notwithstanding  the  Mayor ^s  objection. 

The  work  a  city  government  has  to  do  is  very  great,  and 
it  takes  a  small  army  of  men  to  perform  it.  The  mu- 
nicipal business  is  done  by  departments.  At  the  head  of 
each  department  there  is  an  executive  officer  or  a  board. 
The  heads  of  these  departments  (or  boards)  are  usually 
either  appointed  by  the  Mayor  or  elected  by  the  people. 
When  they  are  appointed  by  the  Mayor  they  sometimes 
must  be  approved  by  the  City  Council. 

The  municipal  executive  departments  are  few  or  many 
according  as  the  city  is  small  or  large,  and  according  as 
the  municipal  work  is  light  or  heavy.    In  many  good-sized 


MUNICIPAL  GOVERNMENT  113 

wide-awake  cities  you  will  find  the  following  departments, 
officers,  and  boards: 

(1)  A  Department  of  Finance  with  a  comptroller,  or 
auditor,  and  assessors  and  collectors  of  taxes. 

(2)  A  Department  of  Law  with  a  city  solicitor,  or  corpo- 
ration counsel,  who  acts  as  the  city's  lawyer. 

(3)  A  Department  of  Public  Safety  with  fire  commis- 
sioners, health  commissioners,  inspectors  of  buildings,  in- 
spectors of  boilers,  inspectors  of  plumbing. 

(4)  A  Department  of  Parks  and  Squares  with  a  board 
of  park  commissioners. 

(5)  A  Department  of  Education  with  a  board  of  school 
commissioners. 

(6)  A  Department  of  Charities  with  a  board  of  overseers 
of  the  poor. 

(7)  A  Department  of  Police  with  a  board  of  police  com- 
missioners. 

(8)  A  Department  of  Highways  with  a  street  commis- 
sioner, a  city  engineer,  and  a  superintendent  of  lamps  and 
lighting. 

]\Iany  cities  do  not  have  all  the  above  departments 
and  officers,  but  many  large  cities  have  them  all  and  many 
more  besides.  Serving  in  these  departments  are  assistants 
and  employees,  who  in  many  cities  are  numbered  by 
thousands  and  in  a  few  by  tens  of  thousands. 

The  Commission  System  of  Municipal  Govern- 
ment.— In  a  large  number  of  cities,  in  various  states, 
the  commission  plan  of  municipal  government  has  been 
adopted.  Under  this  plan  the  city  is  governed  by  a 
F.  Civil  Govt.— 8 


114  LOCAL  GOVERNMENT 

commission  consisting  of  a  Mayor  and  a  small  body  of 
Councilmen  (or  Aldermen) — usually  four  in  number.  The 
Councilmen  are  elected  by  the  whole  body  of  voters  with- 
out regard  to  wards  or  precincts,  and  are  supposed  to  be 
elected  without  regard  to  political  party.  The  Mayor 
and  the  Aldermen  act  together  in  governing  the  city.  The 
commission  both  makes  the  laws  by  which  the  city  is 
governed  and  carries  those  laws  into  effect.  The  Mayor 
is  a  member  of  the  commission.  He  is  its  chairman,  but 
he  does  not  have  the  veto  power.  The  business  of  the  city 
is  divided  into  as  many  departments  as  the  commission  has 
members,  and  each  member  of  the  commission  is  placed  in 
charge  of  a  particular  department  and  is  held  responsible 
for  the  management  of  that  department. 

Services  of  City  Government. — In  the  paragraph  on 
the  City  Council  mention  was  made  of  many  of  the  usual 
and  more  important  services  of  city  government.  But 
should  the  city  attempt  to  do  more  than  it  usually  does? 
It  supplies  the  people  with  water;  should  it  supply  them 
with  gas  also?  Should  it  own  and  operate  the  electric  cars? 
It  provides  children  with  an  education;  should  it  provide 
them  with  a  midday  lunch  also?  Should  it  furnish  the 
m.usic  for  the  parks?  Should  it  own  and  operate  the  tele- 
phone? Should  it  lay  pipes  and  supply  heat  to  families? 
These  are  a  few  of  the  questions  you  will  be  called  upon  to 
answer  when  you  become  voters.  You  may  not  be  able 
to  answer  them  intelligently  now;  but  if  you  will  begin 
to  study  them  now,  when  the  time  comes  for  you  to  vote 
and  act,  you  will  not  vote  and  act  like  blind  men. 


MUNICIPAL  GOVERNMENT  115 

Surely  if  you  live  in  a  city  the  subject  of  municipal 
government  deserves  all  the  attention  you  can  give  it. 
Sooner  or  later  you  will  discover  that  much  of  the  happi- 
ness of  your  life  depends  upon  the  way  the  affairs  of  your 
city  are  managed.  A  well-governed  city  is  one  of  the 
best  places  in  the  world  for  one  to  live  in,  while  a  badly 
governed  city  is  one  of  the  worst  places.  If  when  you  are 
grown  you  will  try  to  make  the  government  of  your  city 
better,  your  efforts  may  be  richly  rewarded,  for  you  may 
be  the  cause  of  making  the  lives  of  thousands  of  people 
happier. 

QUESTIONS  AND  SUGGESTIONS 
(For  Pupils  who  live  in  Cities.) 

1.  In  what  county  is  the  city  in  which  you  live  situated?  When  was 
it  organized?  What  are  its  boundaries?  What  is  its  population? 
What  are  its  industries?    Can  a  city  be  situated  in  a  town? 

2.  How  many  wards  in  your  city?  In  which  ward  do  you  live? 
Bound  the  ward  in  which  you  live.  How  many  councilmen  or  alder- 
men does  each  ward  in  your  city  send  to  the  City  Council?  What  are 
the  qualifications  of  a  good  councilman?  Name  the  councilmen  who 
represent  your  ward. 

3.  Let  a  pupil  obtain  a  copy  of  the  report  of  the  pohce  department 
and  describe  its  work.  The  report  will  show  how  many  pohcemen  are 
employed,  what  are  their  salaries,  the  number  of  arrests  made,  the 
causes  for  which  the  arrests  were  made,  and  other  interesting  facts. 
Reports  of  other  departments  may  be  similarly  studied. 

4.  How  does  the  rate  of  taxation  in  your  city  compare  with  that  of 
other  cities  of  equal  size? 

5.  What  is  the  amount  of  the  debt  of  your  city? 

6.  Does  your  city  own  its  gas  and  electric  light  plants? 

7.  Has  your  city  the  reputation  of  being  well  governed? 

8.  What  are  the  qualifications  of  a  good  Mayor? 

9.  How  may  young  people  help  the  cause  of  good  city  government? 


XXI.  THE  STATE 

"  States  make  up  the  mass,  the  body,  the  organic  stuff  of  the  govern- 
ment of  the  country.    To  them  is  intrusted  our  daily  welfare." 

— Woodrow  Wilson. 

The  Thirteen  Colonies. — While  studying  the  govern- 
ment of  the  city  and  town  and  county  mention  was  made 
now  and  then  of  a  larger  government  that  is  above  the 
local  governments  and  that  holds  them  together  and  gives 
them  their  power.  This  larger  government  is  the  State, 
and  it  is  the  State  that  we  are  now  going  to  study.  We  may 
best  begin  the  study  of  the  State  by  glancing  at  the  history 
of  State  government  in  the  United  States. 

At  the  outbreak  of  the  Revolutionary  War,  three  mil- 
lion English-speaking  people  lived  along  the  coast  of  the 
Atlantic  in  thirteen  distinct  and  separate  colonies, — 
Massachusetts,  New  Hampshire,  Rhode  Island,  Con- 
necticut, New  York,  New  Jersey,  Pennsylvania,  Delaware, 
Maryland,  Virginia,  North  Carolina,  South  Carolina,  and 
Georgia.  These  colonies  were  all  dependent  upon  the 
English  government;  their  inhabitants  were  subjects  of 
the  English  king.  But  England  was  three  thousand  miles 
away,  and  it  took,  in  those  times,  many  weeks  for  a  vessel 
to  cross  the  Atlantic.  As  a  result  of  this  wide  separation, 
England  could  not  govern  an  American  colony  in  the 
same  way  that  she  governed  one  of  her  counties  at  home. 
A  colony  in  many  things  was  allowed  to  govern  itself.    It 

116 


THE  STATE  117 

elected  its  own  lawmakers,  it  appointed  its  own  judges. 
Rhode  Island  and  Connecticut  even  elected  their  own  Gov- 
ernors also,  and  thus  exercised  the  three  powers  of  govern- 
ment,— the  legislative,  the  executive,  and  the  judicial. 
Aside  from  the  tie  that  bound  it  to  England,  a  colony  had 
no  other  ties.  Each  colony  was  independent  of  all  the  other 
colonies.  Pennsylvania  had  no  more  to  do  with  its  neigh- 
bor Maryland  in  the  way  of  government  than  it  had  with 
Prussia. 

The  Thirteen  Original  States.— By  the  Revolution  each 
colony  made  itself  in  many  respects  a  free  and  independent 
nation, — a  State.  Instead  of  thirteen  English  colonies, 
there  were  thirteen  American  States.  As  quickly  as  possi- 
ble, the  people  of  each  colony  took  up  the  difficult  task 
of .  self-government.  The  first  thing  to  be  done  was  to 
change  the  colonial  government  into  a  State  government. 
This  was  done  by  representatives  of  the  people  of  a  State 
agreeing  on  a  plan  as  to  just  how  the  State  was  to  be 
governed.  This  plan  was  put  in  writing  and  was  called 
the  constitution  of  the  State.  Each  colony  made  for 
itself  a  constitution  that  suited  best  its  own  wishes  and 
its  own  needs.  The  constitution  of  Virginia  differed  from 
that  of  Massachusetts,  because  the  needs  of  Virginia  were 
different  from  those  of  Massachusetts. 

You  must  not  suppose  that  the  new  State  government 
that  was  formed  differed  very  much  from  the  old  colonial 
government.  The  people  of  a  colony,  after  many  years  of 
hard  experience,  had  built  up  the  kind  of  government  they 
liked  best,  and  they  had  become  used  to  obeying  certain 


118  STATE  GOVERNMENT 

laws  and  observing  certain  customs.  Now  it  is  not  pos- 
sible— and  you  should  think  of  this  when  you  hear  new 
schemes  of  government  proposed — ^it  is  not  possible  for 
a  people  suddenly  to  make  a  complete  change  in  their 
laws,  customs,  and  habits.  So  the  new  State  governments 
were  necessarily  very  much  like  the  old  colonial  govern- 
ments. The  colonies  of  Connecticut  and  Rhode  Island 
-did  not  form  new  governments  at  all,  but  took  the  old 
charters  granted  to  them  by  England  as  their  new  con- 
stitutions. 

The  Admitted  States.— In  1788-1790  the  thirteen 
original  States  formed  a  Union  under  the  Constitution  of 
the  United  States.  It  was  not  long  before  other  commu- 
nities outside  of  the  present  boundaries  of  the  original  States 
wished  to  join  the  Union.  Each  was  allowed  to  do  this  as 
soon  as  it  had  grown  large  enough  in  population  and  after 
it  had  adopted  for  itself  a  constitution  that  was  acceptable 
to  Congress.  Vermont  was  the  first  new  State  thus  ad- 
mitted to  the  Union.  This  was  in  1791.  The  next  year 
Kentucky  was  admitted;  and  so  on  from  time  to  time 
until,  in  1912  (when  New  Mexico  and  Arizona  received  ad- 
mission), thirty-five  States  had  been  admitted,  making 
forty-eight  in  all. 

The  Outlines  of  a  State  Government. — From  their 
history  you  would  expect  the  governments  of  the  several 
States  to  differ  from  one  another  and  you  would  expect 
them  also  to  resemble  one  another.  Most  of  the  people 
of  the  colonies  from  New  Hampshire  to  Georgia  were 
Englishmen  in  blood  and  speech  and  they  all  had  English 


THE  STATE  119 

notions  of  liberty  and  government  and  law.  When  the 
United  States  became  a  nation  what  had  been  English 
before  became  American,  and  as  new  States  came  into 
the  Union  they  came  in  with  American  notions  of  liberty, 
government,  and  law.^  So  it  is  quite  natural  that  the 
governments  of  the  forty-eight  States  should  be  alike  in 
many  important  respects.    Each  State 

(1)  Has  a  popular  government. 

(2)  Has  a  written  constitution. 

(3)  Has  the  three  great  departments  of  government. 

(4)  Supports  a  system  of  public  schools. 

(5)  Provides  for  a  system  of  local  self-government. 

(6)  Makes  most  of  the  laws  that  regulate  the  citizen 
in  his  daily  conduct  and  in  his  daily  pursuits. 

QUESTIONS  AND  EXERCISES 

1.  Name  the  States  of  the  Union. 

2.  Bound  the  State  in  which  you  live.  Is  it  one  of  the  original 
States?     If  it  is  not,  when  was  it  admitted  into  the  Union? 

3.  What  is  the  origin  of  the  name  of  your  State?  What  is  its  nick- 
name?   What  is  the  coat-of-arms  of  your  State? 

4.  How  many  States  have  a  greater  population  than  your  State? 
What  is  the  area  of  your  State?  How  many  States  have  a  greater 
area?  How  many  States  as  large  as  the  smallest  State  in  the  Union 
could  be  made  out  of  the  largest  State  in  the  Union? 

5.  Write  a  short  composition  on  "Our  State,"  telling  about  the 
history  of  your  State,  its  size,  its  population,  its  industries,  its  re- 
sources, its  schools,  its  cities,  its  great  men,  and  giving  reasons  why 
you  are  proud  of  it. 

*  Louisiana  when  admitted  (in  1812)  had  the  French  system  of  law. 


XXII.   THE  STATE  CONSTITUTION 

"The  basis  of  our  political  system  is  the  right  of  the  people  to  make 
and  alter  their  constitution  of  government." — George  Washington. 

Meaning  of  the  Word  "Constitution." — ^You  have 
met  the  word  Constitution  several  times  already,  and, 
since  you  will  meet  it  many  times  hereafter,  you 
ought  to  try  to  understand  clearly  what  it  means.  The 
word  comes  from  constituo,  a  Latin  word  which  means 
fix  J  establish  J  settle.  The  constitution  of  a  debating  society 
is  a  set  of  fixed  rules  by  which  the  society  is  to  be  per- 
manently governed,  and  from  which  it  cannot  rightfully 
depart.  The  constitution  of  a  State  is  a  document  con- 
taining those  fixed  principles  and  rules  by  which  a  State 
must  be  governed,  and  from  which  neither  the  Governor, 
the  lawmaker,  nor  the  judge  may  depart.  The  consti- 
tution may  be  called  the  fundamental  law  of  the  State, 
because  it  is  the  foundation  upon  which  all  laws  are  built, 
just  as  the  foundation  of  a  house  is  the  part  upon  which 
all  the  other  parts  rest.  Think  of  a  constitution  as  the 
foundation  plan  upon  which  a  system  of  laws  may  be  built. 

Description  of  a  State  Constitution. — In  the  last  les- 
son you  learned  that  every  State  has  a  written  constitu- 
tion. Since  this  constitution  is  the  fundamental  law  of 
a  State  you  ought  to  have  a  clear  notion  of  what  it  is  like. 
I  have  before  me  the  constitution  of  one  of  the  States, 
and  I  will  attempt  to  describe  it  to  you  very  briefly. 


THE  STATE  CONSTITUTION  121 

It  begins  with  a  Declaration  of  Rights,  which  declares 
that  a  people  have  the  right  to  govern  themselves;  that 
all  citizens  have  a  right  to  a  trial  by  jury;  that  the  Gov- 
ernor, the  judges,  and  the  lawmakers  are  responsible  to 
the  people  for  their  actions;  that  all  male  adult  citizens 
have  the  right  to  vote;  that  the  legislative,  executive,  and 
judicial  powers  of  government  shall  be  separate;  that  there 
shall  be  freedom  of  speech  and  debate;  that  no  one  shall  be 
compelled  to  give  evidence  against  himself  in  a  court  of 
law;  that  the  press  shall  be  free;  that  no  title  of  nobility 
shall  be  granted;  that  a  man's  religion  shall  not  be  made 
a  test  for  holding  office;  that  the  people  have  in  themselves 
the  right  to  form  a  new  government. 

After  declaring  these  and  some  other  rights,  the  con- 
stitution takes  up  the  three  departments  of  government. 
As  to  the  executive  department,  it  states  who  may  be 
elected  Governor,  how  and  when  he  may  be  elected,  how 
long  he  shall  serve,  and  what  are  his  powers  and  duties. 
The  powers  and  duties  of  other  executive  officers  are  also 
defined.  After  the  executive  we  come  to  the  legislative 
department.  We  are  told  what  shall  be  the  name  of  the 
Legislature,  how  it  shall  be  composed,  who  may  be  its 
members,  where  it  shall  meet,  how  a  law  shall  be  passed, 
and,  in  a  general  way,  what  kind  of  laws  shall  be  passed, 
and  what  kind  may  not  be  passed.  After  the  legislative 
comes  the  judicial  department.  The  qualifications,  duties, 
and  powers  of  judges  are  explained,  and  the  boundaries 
of  the  different  judicial  circuits  are  defined. 

Last  of  all  comes  the  miscellaneous  provisions.    These 


122  STATE  GOVERNMENT 

relate  to  education,  corporations,  public  debts,  taxation, 
and  amendments. 

The  constitution  altogether  would  make  about  forty 
pages  of  thisbook.  There  are  forty-eight  States,  and  each 
State  has  its  own  constitution  and  no  two  constitutions 
are  alike,  but  all  the  State  constitutions  have  a  strong 
resemblance  to  the  one  that  has  been  described. 

How  the  Constitution  of  a  State  is  Made. — ^The  con- 
stitution of  a  State  is  made  by  a  body  of  men  who  are 
chosen  to  make  a  constitution  and  to  do  nothing  else. 
This  body  is  called  the  Constitutional  Convention.  This 
convention  is  composed  of  delegates  elected  by  the  people 
of  the  counties  and  cities  of  the  State.  In  this  constitu- 
tional convention  the  needs  and  wishes  of  the  people  of 
the  State  are  discussed,  and  a  constitution  is  carefully 
drawn  up. 

After  a  constitution  is  agreed  upon  by  the  convention, 
it  is  usually  submitted  to  the  people  to  be  voted  upon. 
If  a  majority  of  the  popular  vote  is  cast  for  it,  it  stands 
as  the  constitution — ^the  fixed  plan  of  government.  If 
it  does  not  receive  a  majority  of  the  votes,  no  further 
attention  is  paid  to  it;  the  work  of  the  convention  was 
in  vain.  If  the  people  reject  a  proposed  constitution, 
they  must  live  under  the  old  constitution  until  another 
convention  is  called,  and  a  constitution  is  framed  that 
will  suit  them.  There  have  been  some  constitutional 
conventions  that  did  not  submit  the  constitution  to  the 
people  to  be  voted  upon,  but  instead  declared  it^  in  force 
at  once.    In  most  of  the  States,  however,  the  constitution 


THE  STATE  CONSTITUTION  123 

was  voted  upon  and  adopted  by  the  people  before  it  be- 
came the  law. 

How  a  Constitution  is  Changed. — We  have  called  the 
constitution  the  fixed,  unchanging  plan  of  government. 
But  it  would  not  do  for  a  constitution  to  remain  un- 
changed and  unchangeable  forever.  It  sometimes  hap- 
pens that  a  plan  is  good  at  one  time  and  yet  bad  at  an- 
other time;  and  a  constitution  that  might  have  been 
good  and  wise  in  the  year  1850,  may,  by  the  year  1950, 
have  become  foolish  or  harmful.  If,  then,  there  is  some- 
thing in  a  constitution  that  ought  not  to  be  there,  or  if 
something  ought  to  be  there  that  is  not  there,  how  shall 
a  change  be  made?  The  answer  is:  By  amendment;  the 
constitution  is  mended  where  it  is  weak.  This  is  usually 
done  as  follows :  The  Legislature  of  the  State  passes  the 
amendment  which  it  thinks  ought  to  be  inserted  in  the 
constitution,  and  then  submits  the  amendment  to  the  people 
to  be  voted  upon,  for  or  against.  If  it  gets  the  requisite 
number  of  the  votes  of  the  electors,  the  amendment  be- 
comes a  part  of  the  constitution.  Also,  in  a  number  of 
States,  amendments  may  be  secured  through  the  operation 
of  the  initiative  and  referendum.* 

When  an  entirely  new  constitution  is  desired,  a  new 
constitutional  convention  must  be  called.  This  is  usu- 
ally done  as  follows:  The  Legislature  submits  to  the  peo- 
ple the  question,  whether  they  wish  a  new  constitutional 
convention  or  not.  If  the  people  vote  yes,  the  Legislature 
provides  for  the  election  of    the  delegates  to  the  con- 

1  The  initiative  and  referendum  are  explained  on  page  133. 


124  STATE  GOVERNMENT 

vention.  The  election  is  then  held  and  the  elected  dele- 
gates meet  in  convention,  make  a  new  constitution,  and 
submit  it  to  the  people  to  be  voted  upon,  as  has  been  ex- 
plained. You  see  that  a  constitution  is  adopted  directly 
by  the  votes  of  the  people.  It  is  not  adopted  by  the  repre- 
sentatives of  the  people :  it  is  very  nearly  the  work  of  a  pure 
democracy. 

QUESTIONS  AND  SUGGESTIONS 

1.  Get  a  copy  of  the  constitution  of  your  State,  and  examine  it  for 
answers  to  the  following  questions: 

(a)  When  was  the  constitution  adopted  by  the  people? 

(b)  About  how  many  pages  of  this  book  would  it  make? 

(c)  What  are  the  principal  rights  declared? 

(d)  Are  there  any  amendments  to  the  constitution  as  it  now  stands? 

If  so,  when  and  why  were  they  adopted? 

(e)  What  provision  of  the  constitution  seems  to  be  the  most  impor- 

tant? 
(J)    Do  you  find  anything  in  the  constitution  that  you  would  like  to 

see  changed? 
(g)  How  would  you  proceed  to  get  the  constitution  changed? 

2.  Elect  a  committee  consisting  of  classmates  to  draw  up  a  constitu- 
tion for  the  government  of  a  debating  society.  Provide  in  the  consti- 
tution for  election  of  officers,  time  and  place  of  holding  meetings, 
qualifications  for  membership,  dues,  fines,  etc.  The  committee  cannot 
do  good  work  unless  it  takes  as  a  model  some  suitable  constitution 
already  drawn  up.  The  constitution  drawn  up  should  be  submitted  to 
the  whole  class  for  approval. 

3.  How  many  constitutions  has  your  State  had  during  its  entire 
history? 

4.  Would  it  be  wise  for  Maine  and  Louisiana  to  exchange  constitu- 
tions? 

5.  Does  the  constitution  described  in  the  lesson  resemble  closely  the 
constitution  of  your  State? 


XXIII.  THE  STATE  LEGISLATURE 

"  While  acting  as  the  representative  of  the  people  I  shall  be  governed 
by  their  will  on  all  subjects  upon  which  I  have  the  means  of  knowing 
what  their  will  is,  and  upon  all  others  I  shall  do  what  my  own  judgment 
teaches  me  will  best  advance  their  interests." — Abraham  Lincoln. 

When  and  Where  the  State  Legislature  Meets. — Each 
State  has  its  capital,  or  the  city  in  which  the  business  of 


A  State  Capitol 

the  State  government  is  transacted.  If  you  have  ever 
been  in  the  capital  of  your  State,  you  have  doubtless 
visited  the  capitol,  or  Statehouse.    This  is  usually  a  hand- 

125 


126  STATE  GOVERNMENT 

some  building,  containing  many  halls  and  offices.  In 
this  building  is  done  the  most  important  work  of  the 
State  government.  Here  the  Governor  of  the  State  and 
his  assistants  have  their  offices;  here  the  highest  judges 
of  the  State  hold  their  courts;  here  the  Legislature  of  the 
State  meets  to  make  laws. 

The  Two  Branches  of  the  Legislature. — Let  us  sup- 
pose that  you  are  in  the  Statehouse  on  the  morning  a 
Legislature  assembles  for  the  first  time.  When  the  hour 
for  meeting  comes,  the  lawmakers,  who  have  been  mov- 
ing busily  about  in  the  corridors,  talking  with  one  another, 
divide  into  two  bodies.  The  smaller  number  meet  in  a 
room  at  one  end  of  the  Statehouse.  The  men  who  meet 
in  this  room  are  somewhat  advanced  in  years;  they  move 
about  in  a  quiet  and  dignified  manner.  Many  of  them 
seem  to  be  familiar  with  the  place  and  to  know  how  to 
begin  with  the  business.  These  men  are  senators,  this  is 
the  Senate  chamber,  and  this  branch  of  the  Legislature 
is  the  Senate. 

The  larger  number  of  lawmakers  assemble  in  a  large 
hall  at  the  opposite  end  of  the  Statehouse.  This  body,  as 
we  look  upon  it  from  a  gallery,  differs  much  in  appear- 
ance from  the  Senate.  The  men  are  of  all  ages,  from  the 
young  man  of  two  and  twenty  to  the  gray-haired  man  of 
seventy.  A  few  of  them  are  self-possessed  and  seem  to 
be  famiUar  with  their  surroundings,  but  many  of  them 
act  as  if  they  were  in  a  strange  place.  These  men  are 
representatives,  and  this  is  the  House  of  Representatives. 

The  Legislature  of  a  State  is  always  divided  into  these 


THE  STATE  LEGISLATURE  127 

two  branches, — ^an  upper  house,  or  Senate,  and  a  lower 
house,  or  House  of  Representatives.  In  some  States  the 
lower  house  is  called  the  Assembly,  in  others  it  is  called 
the  House  of  Delegates,  in  New  Jersey  it  is  called  the 
General  Assembly.  In  many  of  the  States  General  As- 
sembly is  a  name  for  the  whole  Legislature. 

Election  of  Members  of  the  Legislature. — Both  the 
lower  house  and  the  Senate  are  representative  bodies,  that 
is,  the  members  of  both  are  sent  to  the  capital  to  act  in 
the  place  of  the  people. 

The  counties  (or  towns)  and  cities  are  represented  in 
the  House  of  Representatives  according  to  population. 
A  county  (or  town),  if  it  is  small,  may  have  but  one  repre- 
sentative, while  a  county  with  a  large  population  may 
have  two,  or  three,  or  four.  In  the  same  way  a  city  may  be 
represented  by  one,  two,  or  more  representatives,  ac- 
cording as  it  is  small  or  large. 

How  is  the  number  of  representatives  for  a  county  or 
city  determined?  Every  five  or  ten  years  a  census  of  the 
people  is  taken, — ^that  is,  the  people  are  counted, — and 
from  this  census  it  can  be  determined  how  many  represen-, 
tatives  a  county  or  city  is  entitled  to.  If  it  is  the  law  that 
th^re  should  be  at  least  one  representative  for  10,000  people, 
then  a  county  with  a  population  of  10,000  or  under  would 
be  entitled  to  one  representative;  a  county  with  a  popula- 
tion of  more  than  10,000  and  less  than  20,000  would  iiave 
two  representatives;  a  city  of  50,000  people,  according  to 
this  rule,  would  have  five  representatives.  But  a  lawmaking 
body  should  not  be  so  large  as  to  make  it  difficult  to  trans- 


128  STATE  GOVERNMENT 

act  business  in  a  quiet  and  deliberate  manner.  A  State  with 
1,000,000  inhabitants,  represented  by  one  representative 
for  every  10,000  people,  would  have  a  House  of  Representa- 
tives consisting  of  100  members.  If  the  population  of 
the  State  increases  to  2,000,000,  how  would  the  law  have 
to  be  changed  so  that  the  number  of  representatives 
would  still  be  100? 

A  senator  represents  a  larger  number  of  people  than  is 
represented  by  a  member  of  the  House.  The  State  is 
divided  into  senatorial  districts,  and  from  each  of  these 
districts  one  senator  is  elected.  A  senatorial  district  may 
include  several  counties,  or  several  senators  may  represent 
one  county.  It  is  generally  provided  by  law  that  senators 
shall  be  older  than  representatives,  and  for  this  reason 
they  are  supposed  to  be  wiser  than  members  of  the  lower 
house.  They  are  elected  to  serve  for  longer  terms  than 
representatives,  and  they  usually  are  men  who  have  had 
more  experience  in  matters  of  government. 

Organization.— After  a  roll  call  of  the  members,  the 
first  thing  that  is  done  in  the  newly  elected  House  of 
Representatives  is  to  choose  a  presiding  officer,  called  a 
Speaker,  The  Speaker  takes  the  chair,  and  then  the 
House  proceeds  to  elect  some  one  who  is  not  a  member, 
as  its  Clerk  or  Secretary.  The  duty  of  this  official  is  to 
write  out  in  a  large  book,  called  the  Journal,  a  full  ac- 
count of  everything  that  takes  place  in  the  House.  The 
House  next  elects  a  Sergeant-at-Arms,  an  officer  whose 
duty  it  is  to  keep  order  in  the  House,  and  to  bring  absent 
members  to  their  seats  when  their  presence  is  needed  to 


THE  STATE  LEGISLATURE  129 

make  a  qiiorum,  that  is,  a  sufficient  number  of  members 
to  do  business. 

When  the  clerk  and  sergeant-at-arms,  and  such  minor 
officials  as  messengers  and  doorkeepers,  have  been  chosen 
by  the  vote  of  the  House,  the  Speaker  announces  the 
Committees  of  the  House. 

A  committee  of  the  House  consists  of  a  small  number 
of  members — three,  or  five,  or  seven,  or  nine — who  have 
charge  of  some  particular  branch  of  legislative  business. 
Thus  if  the  Speaker  appoints  five  members  as  the  Com- 
mittee on  Education,  all  matters  coming  up  in  the  House 
relating  to  education  are  first  referred  to  this  committee. 
There  are  a  great  many  committees.  The  most  important 
are  those  on  Finance,  Corporations,  the  Judiciary,  Elec- 
tions, Appropriations,  Education,  Labor,  Manufactures, 
Agriculture,  Public  Buildings. 

If  we  had  remained  in  the  Senate  during  its  opening 
hour,  we  should  have  seen  almost  the  same  things  that  we 
saw  in  the  House.  There  might  have  been  some  differ- 
ence in  the  matter  of  the  presiding  officer.  Most  of  the 
States  have  a  Lieutenant  Governor,  and  when  this  is  the 
case,  this  officer,  by  virtue  of  his  office,  acts  as  President 
or  Chairman  of  the  Senate.  Yet  even  where  there  is  a 
Lieutenant  Governor,  the  Senate  elects  a  President  pro 
tempore,  who  serves  in  the  absence  of  that  officer.  So  we 
may  say  that  the  Senate  is  organized  in  the  same  way  that 
we  saw  the  House  of  Representatives  organized.  It  elects 
its  Clerk,  its  Sergeant-at-Arms,  its  messengers  and  door- 
keepers, and  the  President  announces  just  such  committees 
F.  Civil  Govt.— 9 


130  STATE  GOVERNMENT 

as  are  announced  in  the  House.  After  the  two  houses  have 
been  organized  as  described,  the  Legislature  is  ready  to 
begin  its  work, — to  make  laws  for  the  welfare  of  the  people. 

QUESTIONS  FOR    ORIGINAL  WORK 

(Answers  to  a  number  of  these  questions  can  be  found  in  the  consti- 
tution of  the  State.) 

1.  Is  the  capital  of  your  State  situated  in  the  most  suitable  place? 
Are  the  citizens  of  the  State  proud  of  their  Statehouse? 

2.  What  is  the  name  of  the  lower  house  of  the  Legislature  of  your 
State?  What  is  the  name  of  the  Legislature  taken  as  a  whole?  When 
does  the  Legislature  meet?    How  long  may  it  continue  in  session? 

3.  What  are  the  qualifications  for  a  senator  in  your  State?  For  a 
representative?  Do  you  know  the  name  of  the  senator  that  represents 
you  in  the  Senate?  How  many  representatives  in  your  Legislature? 
How  many  senators? 

4.  What  is  the  method  of  representation  in  your  State?  Is  it  gen- 
erally regarded  as  a  just  method? 

5.  Is  there  a  Lieutenant  Governor  in  your  State? 

6.  What  is  the  compensation  of  a  senator?    Of  a  representative? 

7.  What  is  "mileage"?  What  is  regarded  as  a  quorum  in  the  Leg- 
islature of  your  State? 


XXIV.   THE  STATE  LEGISLATURE  {Continued) 

"The  convention,  the  campaign,  the  election,  the  division  of  the 
powers  of  government,  the  exercise  of  political  rights,  are  merely  for  the 
purpose  of  making  a  law." — F.  N.  Thorpe. 

How  a  Law  is  Made. — Let  us  now  see  how  a  law  is 
passed  in  the  Legislature.  We  will  suppose  that  many 
people  in  the  State  wish  a  law  to  be  passed,  compelling 
railroad  companies  to  run  their  tracks,  wherever  there  is  a 
road  or  street  crossing,  either  above  or  below  the  road  or 
street,  so  that  the  lives  of  pedestrians  or  those  riding  in 
vehicles  may  not  be  endangered.  How  will  they  get  the 
law  passed?  They  will  get  one  of  their  representatives  in 
the  Legislature  to  take  up  their  cause  for  them.  A  mem- 
ber, let  us  say,  of  the  House,  will  prepare  a  hilly  that  is, 
the  draft  of  a  law,  which  compels  railroads  to  lay  their 
tracks  either  above  or  below  grade  at  all  public  crossings. 
When  the  day  arrives  for  introducing  the  bill,  the  mem- 
ber gives  it  to  the  Clerk  of  the  House  to  read.  This  is 
called  the  first  reading,^ 

After  it  is  read  the  Speaker  immediately  refers  the  bill 
to  the  proper  committee^  which,  in  this  case,  is  the  Com- 
mittee on  Railroads.  In  a  few  days  the  committee  in 
its  private  room  will  give  attention  to  the  bill.  Friends 
of  the  bill  will  appear  before  the  committee  and  speak  in 

*The  "first  reading"  often  consists  only  of  the  reading  of  the  title 
of  the  bill. 

131 


132  STATE  GOVERNMENT 

its  favor;  opponents  of  it  will  also  be  present  to  speak 
against  it.  After  hearing  both  sides  of  the  question,  the 
committee  makes  its  report  to  the  House.  If  the  com- 
mittee thinks  there  is  no  reason  for  such  a  law,  it  reports 
''unfavorably/'  and  there  the  matter  will  probably  end: 
the  bill  is  ''killed  in  committee."  But  if  the  committee 
thinks  well  of  the  bill,  it  reports  "favorably." 

This  means  that  in  the  opinion  of  the  committee  the 
bill  ought  to  become  a  law.  The  title  of  the  bill  is  again 
read  in  the  House,  and  if  no  objection  is  raised,  it  is  al- 
lowed to  pass  upon  its  second  reading. 

In  its  regular  order  the  bill  is  taken  up  for  its  third  and 
last  reading.  It  is  now  read  in  full  by  the  Clerk,  and  a 
discussion  of  it  begins.  Speeches  are  made  in  favor  of  it, 
and  against  it.  If  a  member  wishes  to  change  a  particular 
part  of  the  bill,  he  offers  an  amendment  to  it.  The  amend- 
ment is  voted  upon,  and  if  it  receives  a  majority  of  the 
votes,  the  amendment  becomes  a  part  of  the  bill;  if  the 
amendment  is  voted  down,  the  bill  remains  as  it  was  be- 
fore. After  a  full  discussion  and  debate,  the  measure 
comes  to  a  final  vote.  The  Speaker  asks  the  House,  "Shall 
the  bill  pass?"  The  House  answers  the  question  by  taking 
a  vote.  If  a  majority  vote  aye  (yes),  the  bill  passes;  if  a 
majority  vote  no,  or  if  the  noes  equal  the  ayes,  the  bill  is 
lost;  it  is  "killed  in  the  House." 

Let  us  suppose  it  passes  in  the  House.  It  is  then  taken 
by  the  messenger  of  the  House  to  the  Senate.  Here  it 
has  the  same  history  that  it  had  in  the  House.  It  is 
referred  by  the  President  of  the  Senate  to  the  proper  com- 


THE  STATE  LEGISLATURE  133 

mittee,  is  read  three  times  upon  three  different  days,  is 
fully  discussed  upon  its  last  reading,  is  possibly  amended, 
and  is  then  voted  upon.  If  it  passes  in  the  Senate  with 
amendments,  it  must  go  back  to  the  House  in  order  that 
a  vote  may  be  taken  upon  it  as  amended  by  the  Senate. 
When  it  has  passed  both  Senate  and  House  in  the  same 
form,  the  bill  has  passed  the  Legislature. 

In  nearly  all  the  States,  however,  a  bill  that  has  passed 
both  houses  of  the  Legislature  is  not  yet  a  law,  but  must 
be  sent  to  the  Governor  of  the  State  for  his  approval.  If 
the  Governor  signs  it,  or  if  he  takes  no  action  upon, it 
within  a  fixed  number  of  days,  it  becomes  a  law.  The 
Governor  may,  however,  veto  the  bill  (p.  76)  and  send  it 
back  with  his  objections  stated  in  writing.  The  Legislature 
may  then  take  another  vote  upon  the  bill,  and  if  it  again 
passes  both  houses,  it  becomes  a  law  in  spite  of  the  Gov- 
ernor's veto.  But  in  order  to  pass  it  over  the  Governor's 
veto,  it  must,  as  a  rule,  get  more  than  a  bare  majority  of 
votes.  In  some  States  it  must  receive  the  votes  of  two- 
thirds  of  the  members  present;  in  others  it  must  receive  a 
majority  of  the  votes  of  all  the  members  elected. 

The  Initiative  and  Referendum. — In  some  States,  as 
in  South  Dakota,  Oregon,  Utah,  Oklahoma,  Missouri,  Maine, 
Arizona,  California,  Idaho,  Washington,  and  Ohio,  the 
voters  may  engage  personally  in  making  the  laws,  by 
means  of  a  device  known  as  the  ^  initiative  and  referen- 
dum." By  this  device  a  certain  per  cent  of  the  voters 
may  propose  {the  initiative)  to  the  Legislature  a  bill  which 
must  be  enacted  into  a  proposed  law  and  then  referred 


134  STATE  GOVERNMENT 

back  {the  referendum)  to  the  people  to  be  voted  upon. 
Also,  where  the  initiative  and  referendum  is  in  force,  the 
voters  may  keep  their  eyes  on  the  work  of  the  Legislature, 
and  if  they  desire  they  may  demand  the  privilege  of  voting 
on  any  law  that  the  Legislature  has  passed.  These  are 
the  words  of  the  constitution  of  Oklahoma : 

''The  people  reserve  to  themselves  the  power  to  pro- 
pose laws  and  to  enact  or  reject  the  same  at  the  polls 
independent  of  the  legislature,  and  also  reserve  power  at 
their  own  option,  to  approve  or  reject  at  the  polls  any 
act  of  the  legislature." 

What  the  Legislature  of  a  State  May  Do.— The  best 
way  to  learn  what  the  Legislature  of  a  State  may  do,  is 
to  learn  first  what  it  may  not  do.  First,  it  may  not  pass 
a  law  that  is  contrary  to  the  constitution  of  the  State. 
Second,  it  may  not  pass  a  law  contrary  to  the  Constitu- 
tion of  the  United  States.  When  we  come  to  study  this 
Constitution,  we  shall  learn  that  there  are  certain  powers 
of  government  granted  to  Congress,  the  body  that  makes 
laws  for  the  United  States.  For  instance,  one  cf  the 
powers  granted  to  Congress  is  to  manage  the  post  offices 
of  the  country.  A  State  Legislature,  therefore,  has  no 
right  to  make  laws  relating  to  post  offices.  Again,  in  the 
Constitution  of  the  United  States,  certain  things  are  men- 
tioned which  a  State  must  not  do.  For  example,  a  State 
must  not  coin  money.  Hence,  a  State  Legislature  has  no 
right  to  establish  a  mint. 

Members  of  a  State  Legislature,  then,  should  keep 
these  two  things  in  mind:  First,  they  may  not  make  laws 


THE  STATE  LEGISLATURE  136 

contrary  to  the  constitution  of  their  own  State;  and, 
second,  they  may  not  make  laws  contrary  to  the  Consti- 
tution of  the  United  States.  So  long  as  it  does  not  vio- 
late either  of  these  two  rules,  a  State  Legislature  is  free 
to  pass  almost  any  law  it  pleases.  It  would  take  too  long 
to  name  all  the  laws  that  can  be  passed,  and  that  are 
passed,  in  the  Legislature  of  a  State.  Sometimes  at  one 
session  more  than  a  thousand  laws  are  passed.  The  fol- 
lowing is  a  list  of  a  few  of  the  things  done  by  a  State  Leg- 
islature: 

(1)  It  grants  charters,  or  makes  a  general  law,  for  the 
government  of  cities,  boroughs,  and  villages;  it  also  grants 
charters,  or  makes  a  general  law,  for  the  organization  of 
railroad  companies,  banks,  colleges,  and  many  other  in- 
stitutions, public  and  private. 

(2)  It  makes  laws  for  the  government  of  the  public 
schools. 

(3)  It  makes  laws  regulating  taxation,  licenses,  fees. 

(4)  It  defines  the  boundaries  of  counties  and  towns. 

(5)  It  makes  laws  for  the  punishment  of  crime,  such  as 
treason,  murder,  arson,  theft,  bribery,  forgery,  fraud,  perjury. 

(6)  It  makes  laws  concerning  property,  such  as  relate 
to  the  sale  of  lands,  the  giving  of  mortgages,  the  granting 
of  deeds,  the  making  of  wills,  the  settlement  of  the  estates 
of  bankrupts,  the  management  of  the  estates  of  the  dead. 

(7)  It  makes  laws  concerning  charity,  health,  marriage, 
divorce. 

(8)  It  makes  laws  concerning  the  qualifications  of  vot- 
ers and  the  time  and  manner  of  holdings  elections.     . 


136  STATE  GOVERNMENT 

(9)  It  makes  laws  governing  railroads,  steamboats,  ca- 
nals, telegraph  companies,  telephone  companies. 

(10)  It  makes  laws  regulating  hunting,  fishing,  mining, 
manufacturing,  trading. 

It  is  plain  that  most  of  the  laws  that  regulate  us  in  our 
daily  conduct,  and  in  our  daily  pursuits,  are  made  by  the 
State. 

Honest  Men  for  the  Legislature. — Since  the  duties  of 
the  State  lawmaker  are  so  many  and  his  powers  are  so 
great,  citizens  should  make  every  effort  to  elect  only  honest 
and  intelligent  men  to  the  Legislature.  The  lawmakers  of  a 
State  should  be  the  wisest  and  best  men  in  the  State.  There 
is  good  reason  to  believe  that  in  some  States  bad  men  get 
laws  passed  for  their  own  private  benefit.  They  do  this 
through  bribery.  They  offer  members  of  the  Legislature 
some  inducement  to  vote  for  a  bill  that  is  against  the  inter- 
ests or  the  comfort  of  the  great  mass  of  people,  and  in  the 
interest  of  their  own  selfish  schemes.  The  voter  on  election 
day  should  think  of  this  and  try  to  prevent  it.  He  should 
not  vote  to  send  to  the  Legislature  a  man  who  he  believes 
can  be  bribed.  Just  as  the  happiness  of  the  people  of  a 
city  depends,  in  a  great  measure,  upon  the  kind  of  men 
they  send  to  the  City  Council,  so  the  happiness  of  the 
people  of  a  State  depends,  in  a  large  measure,  upon  the 
kind  of  men  they  send  to  represent  them  in  the  State  Leg- 
islature. If  we  can  get  good  laws  through  the  Legisla- 
ture of  our  State,  we  have  advanced  a  long  way  on  the 
road  to  good  government. 


THE  STATE  LEGISLATURE  137 

QUESTIONS  FOR  ORIGINAL  WORK 

1.  Why  are  there  two  branches  of  the  Legislature?  Why  should 
a  bill  be  passed  in  both  houses  before  it  becomes  a  law?  Why  should 
there  be  three  readings  of  a  bill? 

2.  Has  a  Governor  of  your  State  the  veto  power?  What  is  the 
"pocket  veto"?  When  a  Governor  vetoes  a  bill,  does  he  act  as  a 
legislative  or  as  an  executive  officer  of  government? 

3.  If  the  Legislature  of  your  State  is  in  session,  find  out  what  im- 
portant measures  are  before  it.  Are  you  prepared  to  sp)eak  intelli- 
gently about  any  of  these  measures?  Have  you  in  mind  any  law  you 
would  like  to  see  passed?    How  would  you  go  about  getting  it  passed? 

4.  With  what  two  documents  should  a  member  of  the  Legislature 
be  familiar? 

5.  What  difference  do  you  observe  in  the  powers  of  the  Legisla- 
ture and  those  of  the  City  Council? 

6.  What  is  meant  by  "sumptuary  laws"? 

7.  What  is  meant  by  the  "lobby"? 

8.  In  what  way  may  men  be  bribed  without  actually  giving  them 
money? 

9.  If  a  Legislature  consists  of  a  body  of  rascals,  whose  fault  is  it? 

10.  What  is  meant  by  "  gerrymandering  "? 

11.  What  is  meant  by  "  log-rolling  "  ? 

12.  What  is  meant  by  "  filibustering  "? 


XXV.    THE  GOVERNOR  AND  HIS  COLLEAGUES 

"Strictly  speaking,  the  Governor  is  not  the  head  of  the  executive 
department,  but  a  member  of  it.  The  executive  department  is  par- 
celed out  in  several  pieces,  and  his  is  one  of  the  pieces." — John  Fiske. 

The  Governor. — ^As  soon  as  the  lawmakers  have  passed 
all  the  laws  that  seem  desirable,  they  leave  the  capital  and 
go  to  their  homes.  It  is  left  to  the  officers  of  the  execu- 
tive department  to  see  that  the  laws  are  obeyed.  At  the 
head  of  this  department  stands  the  Governor, — ^the  pilot 
of  the  ship  of  State.  The  Governor  is  elected  by  the  votes 
of  the  people.  His  term  of  office  in  some  States  is  for  one 
year;  in  others,  it  is  for  two  years;  in  others,  it  is  for  four 
years.  His  powers  are  great,  but  they  are  granted  to  him 
by  the  people,  and  if  he  abuses  his  power,  he  may  be  im- 
peached.   What  are  his  powers  and  duties? 

The  first  duty  of  a  Governor  is  to  see  that  the  laws  are 
faithfully  executed.  If  he  learns  that  the  law  is  being  vio- 
lated either  by  pubHc  officers  or  by  private  persons,  he  must 
take  steps  to  have  the  laws  obeyed.  To  secure  obedience 
he  may  call  to  his  assistance  judges  and  sheriffs  and  even 
the  soldiers  of  the  State,  for  he  is  the  commander  in  chief 
of  the  land  and  naval  forces  of  the  State.  Sometimes 
when  a  mob  is  bent  on  destrojdng  life  and  property,  the 
Governor  calls  out  the  troops  and  sends  them  against  the 
mob.    When  public  business  is  to  be  conducted  between 

138 


THE  GOVERNOR  AND  HIS  COLLEAGUES  139 

one  State  and  another,  the  Governor  acts  in  the  name  of 
the  State. 

It  is  the  Governor's  duty  to  send  to  the  Legislature  at 
the  opening  of  the  session  a  message.  This  message  informs 
the  Legislature  of  the  condition  of  affairs  throughout  the 
State,  and  recommends  the  passage  of  such  laws  as  the 
Governor  thinks  ought  to  be  passed.  The  Legislature,  how- 
ever, is  not  bound  to  pass,  or  even  to  consider,  the  laws 
recommended  in  a  message. 

Li  time  of  danger  or  pressing  need,  if  the  Legislature  is 
not  in  session  the  Governor  may  call  it  in  extra  session,  so 
that  it  may  at  once  pass  such  laws  as  the  moment  requires. 

The  Governor,  in  many  States,  has  the  power  to  pardon 
criminals.  He  may  forgive  the  offense  entirely  and  restore 
the  criminals  to  freedom,  or  he  may  commute  the  punish- 
ment, that  is,  he  may  make  it  less  severe.  Sometimes, 
when  a  person  is  sentenced  to  be  hanged,  the  Governor 
commutes  the  punishment  to  imprisonment  for  life.  For 
a  good  reason  he  will  give  a  reprieve,  postponing  the  ex- 
ecution of  the  death  sentence.  In  some  States  this  matter 
of  pardon,  commutation,  and  reprieve  is  not  left  to  the 
Governor,  but  is  intrusted  to  a  special  body  of  officers, 
known  as  the  Board  of  Pardons. 

Another  power  of  the  Governor  is  that  of  appointment. 
In  all  the  States  there  are  many  officers  who  are  not  elected 
directly  by  the  people,  but  receive  their  positions  by  ap- 
pointment. Many  of  these  appointments  are  made  by  the 
Governor.  In  some  States  he  has  the  appointment  of  the 
judges  of  the  State  courts— a  great  responsibility.    When 


140  STATE  GOVERNMENT 

an  elective  official  dies  or  resigns  before  his  term  ends, 
the  Governor  fills  the  vacancy  by  appointing  some  one 
to  serve  until  another  election  is  held.  When  an  officer  is 
guilty  of  misconduct  in  office,  the  Governor  in  most  States 
may  remove  him  and  put  a  better  man  in  his  place. 

Other  Executive  Officers. — ^The  Governor  cannot  at- 
tend to  all  the  public  affairs  of  a  State.  He  must  have  as- 
sistants, just  as  the  Mayor  of  a  city  has  heads  of  depart- 
ments to  assist  him.  These  assistants  of  the  Governor  are 
high  executive  officers  of  the  State,  and  they  are  generally 
elected  by  the  people.  Below,  you  will  find  the  names 
of  most  of  them,  with  a  short  explanation  of  their  du- 
ties: 

(1)  The  Lieutenant  Governor. — A  lieutenant  is  an  officer 
who  takes  the  place  of  a  higher  officer,  when  that  officer 
is  absent  or  cannot  attend  to  his  duties.  Most  of  the 
States  elect  a  Lieutenant  Governor  to  serve  when  the  Gov- 
ernor is  out  of  the  State  or  is  unable  to  be  at  his  post.  The 
duties  of  the  Lieutenant  Governor  are  very  few.  We  have 
seen  that  he  has  the  right  to  act  as  the  President  of  the 
State  Senate;  but  he  has  no  vote  in  that  body  except  when 
there  is  a  tie,  that  is,  when  there  is  an  equal  number  of 
votes  for  and  against  a  measure.  When  there  is  a  tie,  the 
Lieutenant  Governor  decides  the  question  by  voting  on 
one  side  or  on  the  other.  In  such  a  case  he  is  said  to  have 
the  casting  vote. 

(2)  The  Secretary  of  State,  sometimes  elected,  sometimes 
appointed  by  the  Governor,  is  the  highest  clerk  of  the 
executive  department.     He  has  charge  of  State  papers, 


THE  GOVERNOR  AND  HIS  COLLEAGUES  141 

of  the  Journals  of  the  Legislature,  and  of  historical  doc- 
uments, statuary,  paintings,  relics,  etc.,  owned  by  the 
State. 

(3)  The  State  Comptroller  or  Auditor. — A  comptroller  is 
a  manager  of  accounts.  The  Comptroller  of  a  State  man- 
ages the  financial  business  of  the  State  goverament.  He 
attends  to  business  relating  to  the  debt,  the  property,  the 
claims,  the  revenue  of  the  State.  He  superintends  the  col- 
lection of  taxes  due  to  the  State,  and  examines  the  claims 
of  those  to  whom  the  State  owes  money.  When  a  debt  of 
the  State  is  to  be  paid,  the  Comptroller  orders  the  State 
Treasurer  to  pay  it. 

(4)  The  State  Treasurer. — We  shall  learn  hereafter 
that  when  a  town  or  a  county  collects  money  by  taxation, 
a  certain  portion  of  the  money  usually  must  be  given 
over  to  the  State  government.  This  money  is  sent  to  the 
State  Treasurer.  He  either  keeps  it  in  a  large  safe  at  the 
capitol  or  gives  it  to  some  reliable  bank  to  keep.  He  may 
not  pay  out  a  dollar  of  it  without  an  order  from  the  Comp- 
troller. 

(5)  The  Attorney-General  is  the  law  officer  of  the  State, 
corresponding  to  the  prosecuting  attorney  of  the  county. 
When  the  State  needs  the  services  of  a  lawyer,  he  appears 
for  it  in  the  courts. 

(6)  The  Superintendent  of  Public  Instruction  is  the  high- 
est school  officer  of  the  State.  He  prepares  a  report 
every  year  or  every  two  years.  In  this  report  he  states 
the  needs  of  the  schools  and  suggests  how  they  may  be 
improved.    He  presides  at  the  meeting  of  County  Superin- 


142  STATE  GOVERNMENT 

tendents  and  at  teachers'   institutes,   and  furthers  the 
cause  of  education  in  whatever  way  he  can. 

The  foregoing  executive  officers  are  found  in  almost  every 
State.  In  addition  to  these  there  are  in  many  States  still 
other  executive  officers  and  boards  whose  duties  are  very 
important.    Among  these  may  be  mentioned: 

(1)  The  State  Insurance  Commissioner. 

(2)  The  State  Board  of  Public  Utilities. 

(3)  The  State  Inspector  of  Factories. 

(4)  The  State  Liquor  License  Commissioners. 

(5)  The  State  Board  of  Charities. 

(6)  The  State  Board  of  Health. 

(7)  The  State  Tax  Commissioner. 

(8)  The  State  Board  of  Pardons. 

(9)  The  State  Superintendent  of  Banks. 

(10)  The  State  Board  of  Medical  Examiners. 

(11)  The  State  Commissioner  of  Agriculture. 

(12)  The  State  Board  of  Pubhc  Works. 

It  must  not  be  supposed  that  every  State  has  all  these 
officers  and  boards,  for  each  State  has  only  such  officers  as 
it  needs  in  the  management  of  its  own  affairs.  One  officer 
will  often  perform  the  duties  of  two  or  more  officers. 

Impeachment. — If  it  is  charged  that  a  high  officer  of 
the  State  is  guilty  of  misconduct  in  office, — if,  for  example, 
the  Governor  is  accused  of  having  accepted  a  bribe  for 
signing  or  for  not  signing  a  bill,  or  if  a  judge  is  accused  of 
trying  cases  while  he  is  drunk, — the  House  of  Representa- 
tives inquires  into  the  charges,  and  if  it  finds  that  there  is 
truth  in  them,  it  impeaches  the  offender,  that  is,  it  accuses 


THE  GOVERNOR  AND  HIS  COLLEAGUES  143 

him  of  official  misconduct.  The  trial  of  the  officer  thus 
impeached  is  conducted  by  the  Senate.  That  body  listens 
to  the  evidence  against  the  impeached  officer,  and  if  it 
regards  him  guilty,  it  pronounces  judgment  against  him. 
An  officer  who  has  been  found  guilty  under  impeachment, 
can  no  longer  hold  an  office  of  honor,  trust,  or  profit  in 
the  State. 

QUESTIONS  FOR  ORIGINAL  WORK 

1.  What  is  the  name  of  the  chief  executive  officer  of  your  State? 

2.  Examine  the  constitution  of  your  State  for  answers  to  the  follow- 
ing questions: 

(a)  What  are  the  qualifications  of  the  Governor? 

(b)  What  is  the  length  of  his  term  of  office? 

(c)  What  is  his  salary? 

(d)  Has  he  the  power  of  veto? 

(e)  Has  he  the  pardoning  power? 

(/)   May  he  remove  an  inefficient  officer? 
(jg)  What  officers  does  he  appoint? 

{h)  If  there  is  no  Lieutenant  Governor,  who  will  fill  the  vacancy  if 
the  Governor  should  die  or  resign? 

3.  Ought  the  Lieutenant  Governor  to  preside  in  the  Senate  at  the 
trial  of  a  Governor,  whom  the  House  has  impeached? 

4.  When  the  Senate  tries  an  impeachment  case,  does  it  act  as  a 
legislative  or  as  a  judicial  body? 

5.  What  are  some  of  the  quahfications  of  a  good  Governor?  A  good 
Comptroller?  A  good  Attorney-General?  A  good  State  Superin- 
tendent of  Public  Instruction? 

6.  Have  you  read  a  Governor's  message?  What  is  a  Governor's 
"  proclamation  "  ? 

7.  Does  the  constitution  of  your  State  provide  for  other  executive 
officers  not  mentioned  in  the  lesson? 

8.  Make  out  a  complete  Ust  of  the  executive  officers  and  boards  of 
your  State. 


XXVI.    JUDGES,  JURIES,  AND   COURTS   OF  LAW 

"No  man's  property  is  safe,  and  no  man's  welfare  is  assured  where 
justice  is  denied  to  the  poor,  or  where  crime  goes  unpunished;  no  State 
can  prosper  where  human  rights  are  not  respected." — David  A.  Wells. 

The  Judicial  Department. — You  have  learned  how  a 
law  is  made,  and  you  have  learned  the  names  and  duties 
of  those  officers  who  compel  obedience  to  the  laws.  But 
before  an  officer  can  punish  a  person  for  disobeying  the 
law,  it  must  first  have  been  decided  that  the  one  accused 
is  actually  guilty.  You  will  remember  that  the  decision 
of  this  question  is  left  neither  to  those  who  make  the  laws, 
nor  to  those  who  are  to  enforce  them,  but  to  a  third  body 
of  men,  the  judicial  officers  or  judges  of  the  State.  Every 
State  has  a  complete  judicial  system  by  which  citizens 
may  defend  their  rights  and  secure  justice.  It  is  this  judi- 
cial system  that  we  are  now  to  study.  We  will  begin  with 
the  lowest  part  of  the  system  and  proceed  to  the  highest. 

The  Justice  of  the  Peace. — Let  us  suppose  that  a  house 
has  been  burned  in  your  neighborhood,  and  that  a  m^an 
named  X  is  suspected  of  having  burned  it.  Some  citizen 
who  is  interested,  perhaps  the  owner  of  the  house,  will  file 
a  complaint  against  X  before  a  justice  of  the  peace.  This 
officer,  though  chosen  for  some  one  town  or  city  or  county, 
is  an  officer  of  the  State,  and  he  acts  in  the  name  of  the 
State.  He  renders  decisions  only  in  small  and  unimportant 
cases.    Thus,  if  a  man  is  sued  for  a  few  dollars,  or  if  he  is  ar- 

144 


JUDGES,  JURIES,  AND  COURTS  OF  LAW  146 

rested  for  drunkenness,  or  fast  driving,  his  case  could  be 
decided  before  a  justice  of  the  peace. 

When  the  complaint  of  house  burning  is  filed  against 
X,  the  justice  of  the  peace  gives  a  constable,  or  policeman, 
a  warrant  for  the  arrest  of  the  accused,  who  is  brought  into 
the  justice's  court.  Since  X  is  charged  with  having  com- 
mitted a  serious  crime, — ^the  crime  of  arson, — the  justice 
cannot  try  his  case.  But  he  can  do  this:  He  can  listen  to 
witnesses  for  and  against  X,  and  if  he  believes  that  the 
accused  is  probably  guilty,  he  may  send  him  to  jail  to 
await  trial  in  a  higher  court.  But  this  trial  may  not  come 
up  in  a  higher  court  for  several  months,  and  if  X  is  an  in- 
nocent man, — and  the  law  supposes  he  is  innocent  until 
he  is  proved  guilty, — it  would  be  a  great  hardship  for  him 
to  have  to  lie  in  jail  for  so  long.  This  he  need  not  do  if 
he  can  get  bail.  To  give  bail,  he  must  get  one  or  more  of 
his  friends  to  sign  an  agreement  to  pay  the  State  a  certain 
sum  of  money  if  he  should  fail  to  appear  in  court  for  trial 
when  he  is  wanted.  This  agreement  is  a  bond,  and  those 
who  sign  it  are  bondsmen.  If  X  runs  away  before  trial, 
he  is  said  to  "jump  bail."  Let  us  suppose  he  is  able  to 
give  bail,  and  that  he  awaits  his  trial  like  a  man. 

The  Circuit  Court— The  trial  of  X  will  take  place  be- 
fore a  judge  or  judges  of  the  Circuit  Court — in  some  States 
called  the  District  Court,  in  others  the  Superior  Court, 
in  others  the  Supreme  Court,  in  still  others  the  Court  of 
Common  Pleas.  This  court  sits  in  the  courthouse  of  the 
county  seat  two  or  three  times  in  a  year.  The  same  judge 
or  judges  may  serve  in  several  comities,  going  from  one 

F.  Civil  Govt.— 10 


146  STATE  GOVERNMENT 

county  to  another.  It  is  for  this  reason  they  are  so  often 
called  circuit  judges.  They  are  generally  elected  by  the 
people,  although  in  some  States  they  are  appointed  by  the 
Governor.  In  all  cases,  like  justices  of  the  peace,  they  act 
in  the  name  of  the  State. 

Into  this  Circuit  Court  X  is  brought  for  trial.  The 
crime  that  he  is  accused  of  is  supposed  to  have  been  com- 
mitted not  against  the  person  whose  house  was  burned,  but 
against  society,  against  the  whole  body  of  people,  against 
the  State.  It  is  the  State,  therefore,  that  brings  him  to 
trial.  The  prosecuting  attorney  (p.  88)  brings  the  case 
before  the  grand  jury,^  a  body  consisting  of  not  less  than 
twelve  nor  more  than  twenty-three  citizens,  whose  busi- 
ness it  is  to  find  violators  of  the  law  and  to  present  them 
to  the  court  for  trial.  These  grand  jurymen  summon  the 
witnesses  who  will  testify  against  X,  but  not  those  who 
will  testify  in  his  favor.  If  it  is  the  opinion  of  at  least 
twelve  of  the  grand  jury  that  X  ought  to  be  tried  for  the 
burning  of  the  house,  the  prosecuting  attorney  will  draw 
up  an  indictment,  containing  the  charges  against  him,  and 
the  foreman  of  the  grand  jury  will  write  across  the  back  of 
the  indictment  the  words,  "A  true  bill."  This  means  that 
X  must  stand  a  trial  in  court. 

The  examination  by  the  grand  jury  was  secret;  but  the 
trial  in  court  is  open  to  the  public.  When  X  is  brought 
into  court,  the  indictment  is  read  to  him,  and  he  is  asked 

^  In  some  States  there  is  no  grand  jury.  Where  this  is  the  case  the 
prosecuting  attorney  determines  whether  a  case  shall  be  brought  to 
trial. 


JUDGES,  JURIES,  AND  COURTS  OF  LAW 


147 


whether  he  is  "guilty"  or  "not  guilty."  His  reply  is 
called  a  'plea.  If  his  plea  is  "guilty,"  the  judge  sentences 
him  to  be  punished  according  to  law.  If  his  plea  is  "not 
guilty,"  the  judge  appoints  a  time  for  his  trial. 

The  trial  begins  by  the  selection  of  twelve  men  to  act 
as  a  jury  to  decide  whether  he  is  guilty  or  not.    This  is 


A  Trial 

called  the  petit  jury,  or  small  jury,  to  distinguish  it  from 
the  grand  jury.  The  members  of  the  petit  jury,  like  those 
of  the  grand  jury,  are  chosen  from  among  the  citizens  of 
the  neighborhood, — from  farmers,  mechanics,  merchants. 
Some  of  them  may  be  neighbors  of  X.  Before  they  are 
allowed  to  serve,  they  must  swear  that  they  have  not 
formed  an  opinion  upon  the  guilt  or  innocence  of  the 
prisoner,  and  that  they  will  decide  the  case  according  to 


148  STATE  GOVERNMENT 

the  evidence  that  is  presented  to  them.  After  they  have 
taken  this  oath,  the  jurymen  sit  in  the  "jury  box"  and 
Hsten  to  the  testimony  of  witnesses. 

In  a  trial,  there  are  always  two  parties,  one  called  the 
'plaintiff,  who  brings  the  complaint  or  suit  into  court,  and 
another,  called  the  defendant,  or  the  one  against  whom  the 
complaint  is  brought.  In  the  case  before  us  the  State  is 
the  plaintiff,  and  X  is  the  defendant.  The  prosecuting  at- 
torney, in  behalf  of  the  plaintiff,  presents  the  case  against 
the  defendant  and  examines  witnesses  for  the  State.  An- 
other lawyer  speaks  in  behalf  of  X  and  examines  witnesses 
in  his  favor.  After  the  evidence  on  both  sides  has  been 
heard,  the  jury  retire  to  a  private  room  to  talk  the  matter 
over  and  come  to  a  decision.  If  they  can  all  agree, ^  they 
return  to  the  courtroom  with  their  verdict  If  the  verdict  is 
"  guilty,"  the  judge  will  pronounce  sentence  upon  the  pris- 
oner in  open  court  and  give  him  over  to  the  sheriff  for  pun- 
ishment ;  if  the  verdict  is  "  not  guilty,"  X  is  set  free,  and  he 
cannot  be  tried  again  for  the  same  offense  (p.  44). 

The  Supreme  Court. — If  after  X  is  sentenced,  his  law- 
yer can  show  that  strict  justice  has  not  been  secured,  he 
may  take  the  case  to  a  higher  court,  usually  called  the 
Supreme  Court,  or  Court  of  Appeals, — ^the  highest  court  of 
the  State.  The  judges  of  this  court  meet  at  the  capital  of 
the  State  and  hear  appeals  in  cases  that  have  been  tried  in 
the  lower  courts.  The  Supreme  Court  wall  not  try  the  case 
of  X  over  again,  but  it  will  listen  to  his  appeal,  and  if  it  is 

1  In  a  few  States  the  agreement  of  three  fourths  of  the  members  of 
a  jury  is  sufficient  to  render  a  verdict. 


JUDGES,  JURIES,  AND  COURTS  OF  LAW  149 

shown  that  the  judges  in  the  court  below  did  not  try  the 
case  according  to  law,  it  will  order  a  new  trial  and  thus  give 
X  another  chance  for  his  freedom;  if  it  finds  that  the  trial 
was  properly  conducted  in  the  lower  court,  X  will  have  to 
bear  his  punishment. 

Civil  and  Criminal  Cases. — Cases  that  involve  crime, 
Hke  the  case  of  X,  are  called  criminal.  Most  of  the  cases, 
however,  that  are  tried  in  courts  do  not  relate  to  crime, 
but  to  the  ownership  of  property.  Such  cases  are  called 
civil.  The  chief  difference  between  a  criminal  and  a  civil 
case,  is  that  in  a  criminal  case  the  plaintiff  is  the  State; 
while  in  a  civil  case,  the  plaintiff  is  a  private  person  or  a 
corporation.  The  history  of  a  civil  case  in  the  courts  is 
quite  like  that  of  a  criminal  case.  If  the  amount  of  prop- 
erty at  stake  is  small,  it  may  be  tried  before  a  justice  of 
the  peace.  If  the  amount  is  large,  the  case  is  tried  in 
the  Circuit  Court  (or  District  Court),  and  if  satisfaction  is 
not  obtained,  then  it  may  be  taken  to  the  Supreme  Court. 


QUESTIONS  AND   EXERCISES 

1.  Examine  the  constitution  of  your  State  for  answers  to  the  follow- 
ing questions: 

(a)   Name  the  different  courts  of  the  State. 

(6)  Are  judges  of  the  courts  elected  or  appointed? 

(c)  What  are  the  qualifications  of  a  judge? 

(d)  How  long  do  the  judges  hold  office? 

(e)  What  salaries  are  given  to  the  different  judges? 
(/)    How  may  a  judge  be  removed  from  his  office? 
(g)   Are  justices  of  the  peace  elected  or  appointed? 

(h)  Are  there  in  this  State  other  courts  than  those  mentioned  in  the 
lesson? 


150  STATE  GOVERNMENT 

2.  Can  the  people  choose  by  their  votes  a  better  judge  than  the 
Governor  can  select? 

3.  Why  should  the  term  of  office  of  a  judge  be  longer  than  that  of 
other  officers? 

4.  In  what  court  would  you  sue  a  man  for  a  debt  of  two  dollars? 
For  a  debt  of  ten  thousand  dollars?  In  what  court  would  a  man 
accused  of  murder  be  tried?    A  boy  accused  of  disorderiy  conduct? 

5.  Which  are  the  most  important,  good  lawmakers,  good  executive 
officers,  or  good  judges? 

6.  What  are  some  of  the  unpleasant  things  a  judge  is  called  upon 
to  do? 

7.  Write  a  description  of  the  kind  of  a  man  you  think  would  make  a 
good  judge. 

8.  What  are  the  advantages  of  trial  by  jury? 


XXVII.   THE  NATIONAL  CONSTITUTION 

"  Great  were  the  hearts  and  strong  the  minds 
Of  those  who  framed,  in  high  debate, 
The  immortal  league  of  love,  that  binds 
Our  fair  broad  Empire,  State  with  State." — Bryant. 

Introduction. — We  have  now  studied  the  leading  facts 
connected  with  several  of  the  governments  by  which  we 
are  controlled.  We  have  studied  the  government  of  the 
family  and  learned  the  rights  and  duties  of  parents  and 
children;  we  have  studied  the  government  of  the  school 
and  learned  the  rights  and  duties  of  pupils  and  teachers; 
we  have  studied  the  government  of  the  city,  county,  and 
town,  and  have  learned  what  are  the  powers  and  duties 
of  the  officers  of  these  governments ;  we  have  studied  the 
government  of  the  State  and  we  have  learned  how  State 
laws  are  made  and  enforced.  We  shall  now  take  up  the 
study  of  a  government  which  spreads  its  power  over  all 
the  States.  I  mean  our  National  Government,  the  gov- 
ernment of  the  United  States. 

The  Articles  of  Confederation.— In  1783  the  thirteen 
States  were  held  together  by  the  Articles  of  Confederation, 
a  form  of  government  that  had  been  adopted  during  the 
Revolutionary  War.  Whatever  may  have  been  the  value 
of  these  Articles  in  times  of  danger  from  a  foreign  foe,  in 
times  of  peace  they  were  almost  worthless.  They  gave 
Congress  a  right  to  make  certain  useful  laws,  but  they 

151 


152  NATIONAL  GOVERNMENT 

gave  it  no  power  to  enforce  those  laws;  they  gave  it  the 
right  to  declare  war,  but  they  did  not  give  it  the  right  to 
compel  men  to  serve  in  the  army;  they  gave  it  the  right 
to  borrow  money,  but  they  did  not  give  it  the  right  to 
raise  money  by  taxation  in  order  to  pay  the  debt.  In  other 
words,  the  government  of  the  United  States  under 
Articles  of  Confederation  was  a  legislature  only:  it  lacked 
the  executive  and  judicial  powers.  It  was  like  a  three- 
legged  stool  with  two  legs  gone.  Of  course,  such  a  govern- 
ment could  not  be  respected. 

Yet  the  people  of  the  States  felt  there  ought  to  be  union, 
and  that  there  ought  to  be  a  general  government  that 
would  have  power  enough  to  make  itself  respected.  What 
prevented  such  a  union?  It  was  the  pride  and  jealousy  of 
the  States.  Each  State  was  free  to  do  just  as  it  chose, 
and  if  a  strong  union  was  formed,  some  of  the  freedom 
would  have  to  be  surrendered.  Things  went  from  bad  to 
worse  under  the  Confederation.  Congress  was  mobbed  at 
one  time  by  a  crowd  of  drunken  men;  soldiers  who  had 
served  in  the  war  clamored  for  their  pay,  but  there  was  no 
way  to  raise  money  for  them.  One  State  quarreled  with 
another.  Washington  and  Madison  and  Hamilton  and 
other  statesmen  saw  these  evils  and  took  steps  to  remedy 
them  before  it  was  too  late. 

The  Constitutional  Convention  of  1787. — It  was  one 
of  the  evils  under  the  Confederation  that  the  people  of 
different  States  could  not  trade  freely  with  each  other. 
The  New  Jersey  farmer  could  not  carry  his  produce  into 
New  York  without  first  pa3dng  a  tax  upon  it.    Each  State 


THE  NATIONAL  CONSTITUTION  153 

had  its  own  customhouse,  and  collected  taxes  upon  goods 
brought  from  foreign  countries  and  turned  the  money  into 
its  own  treasury.  This  made  the  burden  of  taxation  un- 
equal in  the  different  States.  With  the  purpose  of  remedy- 
ing this  state  of  things,  and  taking  measures  to  make  the 
laws  of  trade  uniform,  a  convention  was  called  to  meet  at 
Annapolis  in  1786.  But  as  only  five  of  the  thirteen  States 
responded  to  the  call  the  delegates  thought  it  unwise  to 
proceed  further  with  the  business.  They  did,  however, 
make  a  report,  recommending  that  another  convention 
should  meet  in  the  following  year.  Congress  issued  the 
call  for  the  convention,  and  all  the  States,  excepting 
Rhode  Island,  sent  delegates  to  it. 

In  May,  1787,  these  delegates  from  twelve  States  met  in 
Philadelphia  for  the  purpose  of  amending  the  Articles  of 
Confederation  in  such  a  manner  as  to  correct  the  evils 
which  have  been  described.  In  this  Convention  were  some 
of  the  ablest  men  our  country  has  produced.  There  were 
Washington  and  Madison  and  Hamilton  and  Franklin. 
These  men  did  not  work  for  their  own  selfish  interests,  or 
even  for  the  advantage  of  a  particular  State,  but  for  the 
advantage  of  all  the  States.  The  sessions  of  the  Conven- 
tion were  secret,  but  we  know  most  of  the  things  that 
were  said  and  done  in  it.  It  soon  agreed  that  the  govern- 
ment under  the  Confederation  was  weak  and  worthless, 
and  that  an  entirely  new  form  of  government  was  nec- 
essary. It  saw  that,  instead  of  a  "league  of  friendship," 
between  the  States,  as  the  Confederation  was  called,  there 
ought  to  be  a  real  union  of  the  people.    How  was  this  to  be 


154 


NATIONAL  GOVERNMENT 


accomplished?  It  could  not  be  accomplished  unless  the 
States  gave  up  some  of  their  rights,  and  would  they  be 
willing  to  do  this?  Most  of  the  members  thought  the 
States  would.  For  four  months  the  subject  was  debated, 
and  at  last  a  Constitution  for  the  government  of  the  Uni- 
ted States  was  agreed  upon. 


Room  Where  the  Constitutional  Convention  Met 

The  Constitution  proposed  by  the  Convention  was  sent 
to  the  several  States  for  their  approval.  In  almost  every 
State  it  met  fierce  opposition.  The  new  government,  it 
was  claimed,  would  crush  out  the  rights  of  the  States, 
and  destroy  the  freedom  of  individuals.  But  the  Consti- 
tution had  strong  supporters,  and  one  by  one  the  States 
voted  to  accept  it.  It  was  provided  that  when  nine  States 
approved  of  it,  it  should  go  into  effect.    By  July,  1788,  it 


THE  NATIONAL  CONSTITUTION  155 

had  been  approved  by  nine  States,  and  it  therefore  be- 
came the  supreme  law  of  the  States  which  adopted  it. 
The  Constitution  went  into  effect  in  April,  1789. 

Amendments  to  the  Constitution. — The  Constitution 
framed  by  the  Convention  of  1787  is  the  Constitution 
under  which  we  live  to-day.  Seventeen  important 
amendments,  however,  have  been  added  to  it.  At  first 
many  people  were  fearful  lest  the  new  National  Gov- 
ernment would  prove  to  be  a  giant  that  would  crush  the 
rights  of  States  and  of  citizens.  So  the  States  hastened 
to  add  the  first  eleven  amendments,  which  are  intended 
to  curb  the  power  of  the  National  Government.  In  1804 
the  Twelfth  Amendment  was  added  for  the  purpose  of 
preventing  confusion  in  the  election  of  the  President 
and  Vice  President.  The  Thirteenth  Amendment  abol- 
ished slavery.  The  Fourteenth  Amendment  made  it 
impossible  for  the  States  or  for  the  United  States  to 
deprive  any  person  of  life,  liberty,  or  property  without 
due  process  of  law  (p.  44).  The  Fifteenth  Amendment 
declares  that  the  right  of  suffrage  shall  not  be  denied  on 
account  of  race,  color,  or  previous  condition  of  servitude. 
The  Sixteenth  Amendment  gives  Congress  full  power 
to  levy  an  income  tax.  The  Seventeenth  Amendment 
provides  for  the  election  of  Senators  by  popular  vote. 

QUESTIONS   AND    EXERCISES 

(Examine  the  Constitution  for  answers  to  the  following  questions.) 

1.  Name  ten  leading  men  who  sat  in  the  Convention  of  1787. 

2.  Describe  two  ways  by  which  the  Constitution  of  the  United 
States  may  be  amended. 

3.  Repeat  the  Preamble  to  the  Constitution  of  the  United  States. 


XXVIII.   CONGRESS 

"The  American  Constitution  is,  so  far  as  I  can  see,  the  most  wonder- 
ful work  ever  struck  off  at  a  given  time  by  the  brain  and  purpose  of. 
man." — William  E.  Gladstone. 

The  Two  Houses  of  Congress.— The  men  of  the  Con- 
vention of  1787  came  together  for  the  purpose  of  simply 
revising  the  old  Articles  of  Confederation,  but  they  soon 
found  that  the  old  government  was  not  worth  patching 
up.  So  they  bravely  planned  an  entirely  new  govern- 
ment, one  that  was  to  have  enough  power  and  that  was 
to  have  officers  enough  to  do  the  work  of  a  government. 
They  provided  for  a  government  of  three  departments, 
the  legislative,  the  executive,  and  the  judicial. 

The  Constitution  provides  first  (Article  I)  for  the  leg- 
islative branch.  It  provides  that  laws  of  the  National 
Government  shall  be  made  by  a  body  called  a  Congress, 
and  that  the  Congress  shall  have  two  branches,  a  Senate 
and  a  House  of  Representatives.  This  Congress  every 
year,  on  the  first  Monday  in  December,  meets  in  the  mag- 
nificent Capitol  at  Washington;  the  Senate  at  the  north 
end  of  the  building,  the  House  of  Representatives  at  the 
south  end. 

The  House  of  Representatives. — It  is  the  purpose  of 
the  Constitution  that  the  will  of  the  people  shall  be  ex- 
pressed in  the  House  of  Representatives.  Hence,  members 
of  this  branch  of  Congress  are  elected  by  a  direct  popular 

156 


CONGRESS  157 

vote,  and  each  State  is  represented  according  to  its  popu- 
lation. 

During  the  first  years  of  National  Government  a  State 
was  allowed  one  representative  for  every  30,000  inhabit- 
ants. If  this  number  had  remained  unchanged,  the 
House  of  Representatives  would  now  consist  of  about 
3000  members,  and  would  be  a  body  much  too  large  for 


House  of  Representatives  in  Session 

the  transaction  of  business  in  a  deliberate  way.  But  it 
has  not  remained  unchanged;  as  population  has  increased, 
the  number  of  inhabitants  for  each  representative  has 
been  made  larger.  At  the  present  time  each  State  is  al- 
lowed to  send  one  representative  for  every  211,877  in- 
habitants. This  gives  Delaware  one  member  in  the  House, 
and   New   York  forty-three   members.     The   representa- 


158 


NATIONAL   GOVERNMENT 


tives  from  all  the  States  number  435.  Each  State  is  di- 
vided by  its  Legislature  into  a  number  of  Congressional 
Districts,  each  district  containing,  as  near  as  may  be, 
211,877  inhabitants.  Thus  Iowa,  with  2,224,771  inhabit- 
ants, is  divided  into  eleven  congressional  districts,  and 
is  entitled  to  eleven  members  in  the  House  of  Represen- 
tatives. 

The  House  of  Representatives,  upon  meeting,  organizes 
in  very  much  the  same  way  that  the  lower  house  in  a 
State  Legislature  is  organized.  A  Speaker,  a  Clerk,  a 
Sergeant-at-Arms,  and  Messengers  are  elected,  and  the 
Committees  of  the  House  are  chosen. 


Senate  in  Session 

The  Senate. — ^The  States  are  represented  in  Congress 
by  senators.  It  was  the  purpose  of  those  who  framed  the 
Constitution  to  preserve  the  power  and  dignity  of  the 


CONGRESS  169 

State  as  far  as  possible.  For  this  reason  one  State  is  as 
well  represented  in  the  Senate  as  another;  each  State, 
whether  great  or  small,  being  entitled  to  two  senators. 
Nevada,  with  a  population  of  less  than  100,000,  has  as  much 
power  in  the  Senate  as  has  New  York,  with  a  population 
of  nearly  10,000,000.  This,  at  first  sight,  may  seem  to  be- 
unjust,  but  the  more  you  study  the  subject  the  more  rea- 
son you  will  see  for  the  law.  Probably  the  only  way  to 
enable  the  smaller  States  to  preserve  their  rights  is  to  give 
them  equal  power  with  the  larger  States  in  the  Senate. 
Senators  are  elected  directly  by  the  voters  of  the  different 
States.  The  election  is  so  arranged  that  when  a  new  Con- 
gress meets  only  one  third  of  the  Senate  can  consist  of  new 
members.  As  there  are.  now  forty-eight  States,  the  Senate 
consists  of  ninety-six  members;  and  sixty-four  or  more  of 
these  are  experienced  lawmakers. 

How  a  Law  is  Passed  in  Congress. — ^A  law  is  passed 
in  Congress  in  almost  the  same  way  that  one  is  passed  in 
the  Legislature  of  a  State.  A  bill  is  introduced  into  one 
of  the  houses,  is  referred  to  its  proper  committee,  is  re- 
ported upon,  is  read  three  times  upon  three  different  days, 
is  voted  upon,  and  if  it  receives  a  majority  of  votes,  is 
sent  to  the  other  house,  where  it  has  almost  the  same  his- 
tory. If  it  passes  in  this  house,  also,  it  is  sent  to  the 
President  for  his  approval.  If  he  approves  the  bill,  he 
signs  it  and  it  becomes  a  law.  If  he  does  not  approve  it, 
he  vetoes  it;  that  is,  he  returns  it  without  his  signature 
and  with  his  objections.  If  the  bill  is  voted  upon  again, 
and  is  favored  by  a  two-thirds  vote  in  each  house,  not- 


160  NATIONAL  GOVERNMENT 

withstanding  the  objections  of  the  President,  it  becomes 
a  law  without  his  approval. 

The  Power  of  Congress  Limited. — What  are  the  powers 
of  our  national  lawmaking  body?  A  glance  at  history  will 
help  you  to  understand  the  answer  to  this  question.  You 
remember  that  just  after  the  Declaration  of  Independence 
each  State  had  in  itself  nearly  all  the  powers  of  government. 
Almost  everything  that  a  government  can  wisely  do  the 
government  of  a  State  could  do.  The  States  were  proud 
of  this  great  power.  Like  individuals  they  loved  their 
pride  and  their  will.  Now,  when  the  Union  was  formed,  in 
1787-89,  it  was  necessary  to  give  up  some  of  this  power. 
But  the  States  were  careful  to  give  up  as  little  power  as 
possible,  and  they  were  extremely  careful  to  have  it  un- 
derstood just  what  powers  they  meant  to  give  up,  and  to 
reserve  for  themselves  all  powers  that  they  did  not  give 
up.  Therefore,  certain  definite  powers  of  the  new  govern- 
ment were  plainly  stated  in  the  Constitution.  These 
powers  it  might  exercise,  and  no  others.  All  powers  not 
granted  to  the  general  government  were  reserved  to  the 
State.  The  answer  to  the  question,  "  What  can  Congress 
do?"  is  this:  It  can  do  what  the  Constitution  says  it 
can  do,  and  it  can  do  no  more.  The  answer  to  the  ques- 
tion, ''What  can  the  Legislature  of  a  State  do?"  is  this: 
It  can  do  anything  that  is  not  contrary  to  the  constitu- 
tion of  the  State,  or  to  the  Constitution  of  the  United 
States.  In  other  words.  Congress  is  a  lawmaking  body 
with  limited  powers.  What  these  powers  are  will  be  the 
subject  of  the  next  lesson. 


CONGRESS  161 

QUESTIONS  AND  EXERCISES 

1.  Examine  the  second  and  third  sections  of  the  first  Article  of  the 
Constitution  and  fill  the  blanks  properly: 

A  member  of  the  House  of  Representatives  is  elected  to  serve  for 
years.  No  person  can  be  elected  in  this  branch  of  Congress  un- 
less he  is  at  least years  of  age  and  has  been  a  citizen  of  the 

for  at  least years.    He  must  also,  when  elected,  be  a  resident  of  the 

in  which  he  is  elected.    A  senator  of  the  United  States  is  elected  by 

the of  a to  serve  for years.    He  must  be  at  least 

years  of  age,  and  must  at  the  time  of  his  election  be  a  resident  of  the 
— —  in  which  he  is  elected. 

2.  What  are  the  names  of  the  senators  who  represent  your  State  in 
Congress? 

3.  How  many  representatives  does  your  State  send  to  Congress? 
In  what  congressional  district  do  you  live?  What  is  the  name  of  your 
representative?    Does  your  State  send  to  Congress  men  of  distinction? 


XXIX.    CONGRESS  (Continued) 

What  Congress  May  Do. — Most  of  the  powers  of  Con- 
gress are  stated  in  the  eighth  section  of  the  first  article 
of  the  Constitution.  That  section  gives  Congress  the 
power: 

(1)  "  To  lay  and  collect  taxes,''  for  the  support  of  the  Na- 
tional Government.  How  great  is  the  sum  necessary  to 
support  the  National  Government  and  how  Congress  raises 
this  sum  will  be  learned  hereafter  (p.  219). 

(2)  "  To  borrow  money  on  the  credit  of  the  United  States." 
— ^When  a  government  borrows  money  it  gives  the  lender 
a  note  of  promise  stating  the  amount  loaned,  the  time 
of  payment,  and  the  rate  of  interest  to  be  paid.  The 
notes  thus  issued  by  a  government  are  called  bonds.  The 
United  States  has  borrowed  vast  sums  by  issuing  bonds. 
At  one  time  (in  1866)  its  debt  was  nearly  $3,000,000,000, 
but  this  amount  has  been  greatly  reduced. 

(3)  ^'To  regulate  commerce  with  foreign  nations  and 
among  the  several  States." — ^You  remember  it  was  a  desire 
to  regulate  commerce  that  led  to  the  calling  of  the  Con- 
vention of  1787.  Under  this  power  Congress  regulates 
the  importation  of  foreign  goods,  makes  rules  for  the  reg- 
ulation of  foreign  shipping,  regulates  immigration,  pro- 
vides life-saving  stations  along  the  coast,  improves  har- 
bors, opens  rivers  to  navigation,  directs  the  work  of  the 

162 


CONGRESS  163 

great  Interstate  Commerce  Commission  (of  which  we  shall 
learn  on  p.  198),  and  does  many  other  useful  things. 

(4)  'To  establish  an  uniform  rule  of  naturalization^* 
(p.  35). 

(5)  ''  To  establish  laws  on  the  subject  of  bankruptcies,'* 

(6)  "  To  coin  money.'* 

(7)  "7^0  fix  the  standard  of  weights  and  measures.** — A 
yardstick  should  be  just  as  long,  and  a  pound  weight  just 
as  heavy  in  Pennsylvania,  as  the  one  or  the  other  is  in 
California,  and  Congress  has  the  right  to  require  that  this 
shall  be  the  case.  The  National  Government  presents  a 
full  set  of  weights  and  measures  to  the  government  of  each 
State,  and  the  State  adopts  these  as  correct.  Thus  through- 
out all  the  States  merchants  use  standard  weights  and 
measures. 

(8)  ^'To  provide  for  the  punishment  of  counterfeiting  the 
securities  and  current  coin  of  the  United  States.** 

(9)  "To  establish  post-offices  and  post-roads.'* 

(10)  *^To  promote  the  progress  of  science  and  useful  arts 
by  securing  for  limited  times  to  authors  and  inventors  the 
exclusive  right  to  their  respective  writings  and  discoveries.'* 
— Authors  are  encouraged  to  write  good  books  by  giving 
them  a  copyright  upon  their  works.  The  person  who  has 
a  copyright  upon  a  book  is  the  only  one  who  can  print  and 
sell  it.  A  copyright  lasts  for  twenty-eight  years.  It  is 
secured  by  entering  the  title  and  sending  two  copies  of 
the  printed  book,  promptly  after  the  day  of  publication, 
to  the  Library  of  Congress  in  Washington.  Congress 
encourages  useful  inventions  by  granting  patents  to  in- 


164  NATIONAL  GOVERNMENT 

ventors.  A  patent  upon  a  machine  gives  the  one  who 
holds  the  patent  the  exclusive  right  to  make  and  sell  or 
use  the  machine.  Rights  under  a  patent  last  for  seventeen 
years.  The  inventor  sends  a  drawing  and  a  model  of  his 
invention  to  the  Commissioner  of  Patents,  at  Washing- 
ton, and  if  it  is  found  that  he  has  invented  something 
really  new  a  patent  will  be  granted. 

(11)  "To  constitute  tribunals  inferior  to  the  Supreme 
Court." 

(12)  "To  define  and  punish  piracies  and  felonies  com- 
mitted on  the  high  seas,  and  offenses  against  the  law  of  na- 
tions."— Piracy  is  robbery  upon  the  sea.  The  National 
Government  punishes  pirates  because  their  crime  is  com- 
mitted outside  of  the  boundary  of  a  State.  When  a  citizen 
commits  an  offense  against  a  foreign  nation  the  injured 
nation  regards  the  offender  as  a  citizen  of  the  United 
States,  and  not  a  citizen  of  a  State.  It  is  the  National 
Government,  therefore,  that  must  punish  piracies  and 
offenses  against  the  law  of  nations. 

(13)  "To  declare  war,  grant  letters  of  marqus  and  re- 
prisal, and  make  rules  concerning  captures  on  land  and 
water." — As  the  evils  of  war  would  fall  on  many  States, 
it  is  not  right  that  a  single  State  should  be  allowed  to  de- 
clare war.  War,  therefore,  can  be  declared  only  by  Con- 
gress, and  conducted  by  the  National  Government.  Some- 
times Congress  has  granted  to  private  persons  the  right  to 
go  and  seize  certain  property  belonging  to  a  foreign  country. 
Such  a  commission,  called  a  letter  of  marque  and  reprisal, 
cannot  be  granted  by  a  State.    When  in  times  of  war 


CONGRESS  165 

valuable  property  is  captured,  the  prize  must  be  divided 
among  the  captors  according  to  the  directions  of  the  Na- 
tional Government. 

(14)  ^'To  raise  and  support  armies. " 

(15)  'To  provide  and  maintain  a  navy,^* 

(16)  ''To  make  rules  for  the  regulation  of  the  land  and 
naval  forces  ^ 

(17)  "To  provide  for  calling  forth  the  militia  to  execute 
the  laws  of  the  Union,  suppress  insurrections,  and  repel  in- 
vasions J' — The  militia  of  a  State  consists  of  all  its  able- 
bodied  male  citizens  between  the  ages  of  eighteen  and 
forty-five.  The  law  usually  excuses  the  civil  officers  of 
government,  clergymen,  teachers,  physicians,  and  firemen 
from  mihtary  service.  With  these  exceptions,  every  strong 
man  in  the  country  is  a  member  of  the  militia,  and  may 
be  called  upon  to  serve  in  the  army. 

(18)  ''To  exercise  exclusive  legislation^^  over  the  Dis- 
trict of  Columbia. 

(19)  "To  make  all  laws  which  shall  he  necessary  and 
proper  for  carrying  into  execution  the  .  .  .  powers  vested 
by  this  Constitution." 

Besides  the  powers  mentioned  in  the  eighth  section  of 
the  first  article,  the  Constitution  elsewhere  gives  Congress 
power: 

(20)  "  To  provide  for  the  case  of  removal,  death,  resigna- 
tion, or  inability,  both  of  the  President  and  Vice  President.' ' — 
Under  this  power.  Congress  has  passed  a  law  providing 
that  if  both  President  and  Vice  President  die,  the  Secre- 
tary of  State  shall  act  as  President;  if  the  Secretary  of 


166  NATIONAL  GOVERNMENT 

State  dies,  the  Secretary  of  the  Treasury  shall  act  as  Presi- 
dent; and  so  on  down  in  the  Cabinet,  the  Secretary  of  War 
coming  third,  the  Attorney-General  fourth,  the  Postmaster- 
General  fifth,  the  Secretary  of  the  Navy  sixth,  the  Secre- 
tary of  the  Interior  seventh. 

(21)  To  admit  new  States  into  the  Union. 

(22)  "!ro  make  all  needful  rules  and  regulations  respect- 
ing the  territory  belonging  to  the  United  States. '' 

What  Congress  May  Not  Do. — In  order  to  guard  the 
interests  of  the  States,  the  framers  of  the  Constitution 
were  careful  to  mention  certain  things  that  the  National 
Government  may  not  do.  What  these  things  are  may  be 
found  in  the  ninth  section  of  the  first  article  of  the  Con- 
stitution. 

(1)  Slavery. — ^The  first  prohibition  refers  to  the  impor- 
tation of  slaves,  but  as  slavery  has  been  abolished  we  may 
pass  this  subject  by.  (See  Article  XIII  of  the  Amend- 
ments.) 

(2)  The  writ  of  habeas  corpus  (p.  38)  shall  not  be  sus- 
pended, except  in  cases  of  rebellion  or  invasion. 

(3)  No  bill  of  attainder  shall  be  passed.  This  means 
that  Congress  may  not  condemn  a  person  to  death,  or  to 
outlawry  and  banishment,  without  opportunity  for  de- 
fending himself  in  a  court  of  law. 

(4)  No  ex  post  facto  law  shall  be  passed.  An  ex  post  facto 
law  establishes  or  increases  the  penalty  of  an  act  after  it 
has  been  committed.  For  example,  if  Congress  should 
pass  a  law  establishing  the  penalty  of  death  upon  a  man 
found  guilty  of  counterfeiting  a  year  ago,  when  the  penalty 


CONGRESS  167 

a  year  ago  was  fine  and  imprisonment,  such  a  law  would  be 
ex  post  facto, 

(5)  "iVo  capitation  or  other  direct  tax  shall  he  laid  unless 
in  proportion  to  the  census  or  enumeration  hereinbefore  di- 
rected to  be  taken." — ^This  means  that  if  Congress  should 
pass  a  capitation  tax,  or  poll  tax,  it  must  be  the  same 
in  all  States.  If  a  direct  tax  on  property  should  be 
laid  by  Congress,  it  would  have  to  be  apportioned  among 
the  States  in  proportion  to  their  populations/  Thus,  if 
the  United  States  Government  should  raise  $35,000,000 
by  a  direct  tax,  the  property  holders  of  Georgia  would  pay 
about  $1,000,000  of  the  sum,  for  the  population  of  this 
State  is  about  one  thirty-fifth  of  the  entire  population  of 
the  Union. 

(6)  ''No  tax  or  duty  shall  be  laid  on  articles  exported  from 
any  State.  No  preference  shall  be  given  by  any  regulation  of 
commerce  or  revenue  to  the  ports  of  one  State  over  those  of 
another." 

(7)  "No  title  of  nobility  shall  be  granted  by  the  United 
States." — Such  titles  as  Prince,  Duke,  Earl,  etc.,  are  not 
in  keeping  with  democratic  government,  and  very  properly 
they  cannot  be  conferred  by  Congress. 

AN   EXERCISE 

Give  reasons  why  each  of  the  powers  which  have  been  granted  to 
Congress  ought  to  be  exercised  by  the  National  Government  rather 
than  by  the  State. 

^  The  Sixteenth  Amendment  excepts  the  income  tax  from  this 
restriction. 


XXX.    THE   PRESIDENT;  HIS  ELECTION 

"Sir,  I  would  rather  be  right  than  be  President." — Henry  Clay, 

Introduction. — ^The  Congress,  making  use  of  such 
powers  as  the  Constitution  gives  it, — the  powers  described 
in  the  last  lesson — passes  the  laws  that  seem  to  be  nec- 
essary, and  then  adjourns ;  the  more  than  500  members  of 
the  great  lawmaking  body  leave  Washington  and  return  to 
their  homes.  The  duty  of  enforcing  and  executing  the 
laws  of  Congress  rests  almost  entirely  with  the  executive 
department,  at  the  head  of  which  is  the  President  of  the 
United  States. 

One  of  the  first  things  we  want  to  know  about  the  Pres- 
ident of  the  United  States  is,  how  is  the  great  official 
chosen?  How  do  100,000,000  people  select  one  of  their 
number  to  act  as  their  chief  magistrate?  The  Constitu- 
tion provides  in  a  general  way  ^  for  the  election  of  the 
President,  but  since  that  election  is  conducted  by  politi- 
cal parties  we  can  best  understand  the  election  of  the  Pres- 
ident by  observing  the  workings  of  a  political  party  dur- 
ing a  year  in  which  a  President  is  to  be  elected. 

The  Nomination  of  a  Presidential  Candidate. — Before 
a  man  can  hope  to  be  President,  he  must  be  named  as  the 
candidate  of  a  great  party.  Among  the  millions  of  voters 
in  a  great  political  party,  there  are  many  public  men  who 

^  See  the  first  section  of  Article  II  and  also  the  Twelfth  Amendment. 

168 


THE  PRESIDENT;  HIS  ELECTION  169 

are  eager  to  be  its  candidate  for  President.  The  first  ques- 
tion to  be  answered,  then,  is :  How  is  the  presidential  candi- 
date of  a  political  party  elected?  How,  for  illustration, 
does  the  Democratic  party  select  its  candidate  ? 

The  first  step  is  taken  several  months  before  the  election 
in  November.  In  April  or  in  May,  the  party  holds  its 
1(1)  Primary,  or  first  election.^  At  this  election  the  Demo- 
cratic voters  in  the  different  townships,  villages,  and  cities 
of  a  county  choose  delegates  to  represent  them  in  a  county 
Democratic  convention.^  These  delegates  may  go  instructed 
to  act  in  the  interest  of  a  certain  man  as  the  party  candi- 
date for  President,  or  they  may  go  free  to  act  as  their 
judgment  directs. 

In  a  few  days  after  the  primary  election  the  delegates 
from  all  the  townships,  villages,  and  cities  of  the  county 
assemble  (usually  at  the  county  seat)  as  the  (2)  Democratic 
County  Convention.  This  body,  consisting  sometimes  of 
only  two  or  three  dozen  men,  sometimes  of  a  much  larger 
number,  elects  delegates  to  go  to  a  State  Convention.^ 
These  delegates,  in  turn,  may  be  instructed  or  uninstructed. 

A  few  weeks  after  the  holding  of  the  county  convention, 
delegates  from  all  the  counties  of  the  State  assemble  at 
some  convenient  place,  as  the  (3)  Democratic  State  Conven- 
tion.   This  body,  consisting  sometimes  of  several  hundred 

^  Sometimes  called  a  Caucus. 

2  In  some  States,  however,  there  is  a  district  convention  instead  of 
the  county  convention,  and  in  some  this  convention  is  omitted,  and 
the  delegates  to  the  State  convention  are  chosen  by  the  voters  in  the 
primary. 


170 


NATIONAL  GOVERNMENT 


men,  passes  resolutions  expressing  the  political  views  of  the 
party  in  the  State,  names  its  choice  for  presidential  candi- 
date— if  it  happens  to  have  a  choice — and  elects  delegates 
to  the  Democratic  National  Convention.  The  number  of 
delegates  sent  to  represent  a  State  in  the  Democratic  Na- 
tional Convention,  is  twice  the  number  of  the  senators  and 
representatives  of  the  State  in  the  National  Congress.  In 
most  of  the  States,  however,  the  State  Convention  elects 
only  four  delegates  (called  delegates  at  large)  to  the  Na- 


A  Convention 

tional  Convention,  the  other  delegates  being  elected  at 
Congressional  District  Conventions.  In  some  States  the 
delegates  to  the  National  Convention  are  chosen  or  in- 
structed, or  both,  by  the  voters  at  the  primaries. 

By  July  or  August  all  the  State  conventions  have  been  held, 
and  delegates  have  been  elected  to  the  great  (4)  Democratic 
National  Convention.     This  body,  consisting  of  more  than 


THE  PRESIDENT;  HIS  ELECTToN  171 

1000  men,  representing  all  parts  of  the  country,  meets  in 
some  convenient  city.  After  several  days  of  discussion, 
and  after  adopting  a  platform  expressing  the  views  of  the 
party  upon  public  questions,  it  elects  the  Democratic  can- 
didates for  President  and  for  Vice  President. 

In  almost  the  same  way,  beginning  with  the  primary 
election,  and  advancing  to  the  County,  State,  and  National 
conventions,  the  Republican  Party  selects  its  presidential 
candidates.  The  other  political  parties,  the  Progressive 
Party,  the  Socialist  Party,  and  the  Prohibition  Party,  select 
their  candidates  in  a  somewhat  different  manner,  but  in 
most  things  all  the  parties  follow  the  same  plan. 

The  Election  of  the  President.— After  all  the  political 
parties  have  named  their  respective  candidates,  the  cam- 
paign begins.  Political  meetings  are  held,  at  which  ora- 
tors set  forth  the  claims  of  their  candidates  and  defend  the 
platform  of  their  party;  in  the  cities  processions  march 
through  the  streets  with  great  display  of  banners,  torches, 
and  fireworks,  while  bands  of  music  play  spirited  airs; 
everything  that  can  be  done  to  influence  voters  is  done. 
The  campaign  continues  until  election  day,  the  first  Tues- 
day after  the  first  Monday  in  November.  On  this  day 
every  fourth  year  about  18,000,000  citizens  go  to  the 
polls  to  express  their  choice  for  President.  But  they  do 
not  vote  for  a  President  directly;  they  vote  for  a  set  of  men 
called  Electors,  whose  duty  is  to  vote  for  a  President  and 
Vice  President.  Each  State  is  entitled  to  a  number  of  elec- 
tors equal  to  the  number  of  its  senators  and  representa- 
tives in  Congress.     Delaware,  having  one  representative 


172  NATIONAL  GOVERNMENT 

and  two  senators,  is  entitled  to  three  electors ;  New  York, 
having  forty-three  representatives  and  two  senators,  is 
entitled  to  forty-five  electors.  There  are  in  all  the  States 
531  presidential  electors.  The  names  of  the  State  electors 
of  each  party  are  printed  on  the  ballot  under  the  party 
name,  and  those  who  receive  the  highest  number  of  votes 
are  elected  and  are  morally  bound  to  vote  for  the  candidate 
of  the  party  that  elected  them. 

The  successful  electors  of  each  State  meet  on  the  sec- 
ond Monday  in  January  following  the  election,  and  vote 
for  President  and  Vice  President.  The  result  of  this  vote 
is  sent  in  a  sealed  envelope  to  the  President  of  the  Senate 
at  Washington.  On  the  second  Wednesday  of  the  follow- 
ing February,  the  President  of  the  Senate,  in  the  presence 
of  both  Houses  of  Congress,  opens  the  envelopes  contain- 
ing the  electoral  vote  of  the  different  States,  and  the  votes 
are  counted.  The  person  who  has  a  majority  (266  or  more) 
of  the  votes  cast  for  President,  is  declared  to  be  elected 
President  of  the  United  States,  and  the  person  who  has  a 
majority  of  the  votes  cast  for  Vice  President  is  declared  to 
be  elected  Vice  President  of  the  United  States.  (See  Con- 
stitution, Article  XII  of  Amendments.) 

Cases  have  happened  in  our  history  when  no  candidate 
had  a  majority  of  all  the  electoral  votes.  When  this  is 
the  case  the  House  of  Representatives  chooses  a  Presi- 
dent and  the  Senate  a  Vice  President.  When  electing  a 
President,  the  House  must  choose  from  the  three  highest 
on  the  list  of  the  persons  voted  for  by  the  electors,  and  it 
must  vote  by  States,  the  majority  of  representatives  from 


THE  PRESIDENT;  HIS  ELECTION 


173 


each  State  casting  one  vote  for  their  State,  and  the  repre- 
sentatives of  two-thirds  of  the  States  must  take  part  in  the 
election.  The  successful  candidate  must  receive  a  major- 
ity of  the  votes  of  all  the  States.  When  the  Senate  is 
obliged  to  elect  a  Vice  President,  it  must  choose  from  the 


The  White  House  , 

two  highest  on  the  list  of  the  persons  voted  for  by  the  elec- 
tors. 

Inauguration. — On  the  fourth  of  March,  the  newly 
elected  President  and  Vice  President  begin  their  duties. 
In  the  presence  of  a  vast  throng  of  citizens  the  Chief  Jus- 
tice of  the  United  States  administers  to  the  President- 
elect the  following  oath:  ''I  do  solemnly  swear  (or  affirm) 
that  I  will  faithfully  execute  the  office  of  President  of  the 
United  States,  and  will,  to  the  best  of  my  ability,  preserve, 


174  NATIONAL  GOVERNMENT 

protect,  and  defend  the  Constitution  of  the  United  States." 
The  President  then  deUvers  his  inaugural  address,  from 
the  eastern  steps  of  the  Capitol,  outlining  his  policy  and 
stating  his  ideas  upon  pubUc  questions.  After  this  inaugu- 
ration he  is  driven  to  the  executive  mansion,  generally 
known  as  the  "White  House,"  where  he  resides  during  his 
term  of  office,  and  where  you  may  some  day  see  him  and 
shake  hands  with  him. 

QUESTIONS  AND  EXERCISES 

1.  Examine  Article  II  of  the  Constitution,  and   fill  the  blanks 
properly: 

Both  President  and  Vice  President  hold  their  position  for years. 

Nc  person  may  be  President  who  was  not  bom  in  the ,  and  who  is 

not years  of  age  at  the  time  of  his ,  and  who  has  not  been  a 

resident  within  the for years.  If  a  President  should  be  re- 
moved from  his  office  or  should or or  be to  discharge 

the  powers  and  duties  of  his ,  the  position  of shall  be  filled  by 

the . 

2.  Ought  the  President  to  be  elected  directly  by  the  people? 

3.  How  many  Presidents  have  been  elected  a  second  time?    What 
are  the  objections  to  electing  a  President  for  a  third  term? 

4.  How  many  votes  were  cast  for  presidential  electors  at  the  last 
election? 

5.  Is  it  possible  for  a  man  to  be  elected  President  without  receiving 
a  majority  of  the  votes  of  the  people? 

6.  What  are  the  qualifications  for  the  office  of  Vice  President? 


XXXI.   THE  PRESIDENT  AND  HIS  CABINET 

"As  the  citizen  may  not  elect  what  laws  he  will  obey,  neither  may 
the  Executive  elect  which  he  will  enforce." — Benjamin  Harrison. 

The  Powers  and  Duties  of  the  President.— The  Presi- 
dent does  for  the  United  States  what  a  Governor  does  for 
one  of  the  States — he  takes  care  that  the  laws  are  faith- 
fully executed.  His  powers  and  duties  are  stated  in  the 
second  and  third  sections  of  Article  II  of  the  Constitution. 

He  is  commander  in  chief  of  all  the  troops  in  the  serv- 
ice of  the  United  States,  although  in  times  of  war  he  may 
not  appear  personally  upon  the  field  of  battle. 

He  may  pardon  criminals  convicted  for  offenses  com- 
mitted against  the  United  States. 

He  may  make  a  treaty  with  a  foreign  country,  pro- 
vided two-thirds  of  the  members  of  the  Senate  vote  for 
it.  A  treaty  is  an  agreement  between  two  nations  to  do 
or  to  refrain  from  doing  certain  things.  It  may  be  to  make 
war  upon  a  third  nation,  or  to  maintain  peace,  or  to  regu- 
late commerce  or  the  carrying  of  mails,  or  for  any  other  pur- 
pose. It  is  through  treaties  that  the  different  nations  of 
the  world  attempt  to  secure  the  good  will  of  one  another, 
and  the  responsibility  of  making  treaties  rests  with  the 
President  and  the  Senate. 

At  the  beginning  of  a  session  of  Congress  the  President 

sends  to  that  body,  or  delivers  in  person,  a  message,  in 

175 


176  NATIONAL  GOVERNMENT 

which  he  calls  attention  to  the  needs  of  the  country 
and  suggests  such  legislation  as  seems  necessary.  Con- 
gress is  not  obliged  to  follow  his  suggestions  any  more 
than  the  Legislature  of  a  State  is  obliged  to  follow  the 
suggestions  contained  in  a  message  from  the  Governor. 

When  Congress  is  not  in  session  and  it  seems  necessary 
that  certain  laws  should  be  passed  as  quickly  as  possible, 
the  President  may  call  an  extra  session,  just  as  the  Gov- 
ernor of  a  State  may  call  an  extra  session  of  the  Legislature. 

The  Great  Executive  Departments.— Upon  the  shoul- 
ders of  the  President  rests  the  responsibility  of  the  manage- 
ment of  the  entire  business  of  the  National  Government. 
He  is  responsible  for  the  management  of  foreign  affairs, 
which  includes  the  making  of  treaties,  the  appointing 
of  ministers  and  consuls  to  serve  in  foreign  countries 
and  instructing  them  in  their  duties,  the  reception  of 
foreign  ministers  in  Washington,  the  giving  of  passports 
to  those  who  wish  to  travel  abroad,  the  protection  of 
American  citizens  in  other  lands,  and  all  other  bus- 
iness that  arises  between  our  government  and  other  gov- 
ernments. He  is  responsible  for  the  management  of  the 
army  with  its  officers  and  troops  and  forts  and  equipment 
and  military  schools;  for  the  management  of  the  navy 
with  its  fleets  and  forts  and  training  schools;  for  the  man- 
agement of  much  business  conducted  by  United  States 
attorneys  in  the  national  courts ;  for  the  collection  of  taxes, 
the  expenditure  of  money  appropriated  by  Congress,  and 
the  management  of  the  public  debtj  for  the  management 
of  the  vast  business  of  the  post  office  with  its  post  office 


THE  PRESIDENT  AND  HIS  CABINET  177 

buildings  and  postmasters,  letter  carriers,  and  clerks;  for 
the  management  of  the  Indians,  the  sale  of  public  lands, 
the  payment  of  pensions,  the  granting  of  patents;  for 
much  work  done  by  the  government  in  aid  of  scientific 
farming;  for  the  taking  of  the  census,  the  regulation  of 
commerce,  the  work  of  government  fish  hatcheries,  and 
many  other  things. 

Of  course,  the  President  cannot  superintend  all  this 
business  in  person.  Like  the  executive  of  any  other  large 
government,  like  the  Governor  of  a  State  or  the  Mayor  of  a 
city,  he  must  have  a  body  of  able  assistants.  This  busi- 
ness of  the  National  Government  is  divided  into  ten  de- 
partments, and  at  the  head  of  each  department  the  Presi- 
dent places  a  man  who  he  thinks  is  competent  to  manage 
its  affairs.  The  names  of  the  departments,  with  the  titles 
of  the  head  officers,  are: 

(1)  The  Department  of  State,  under  the  management  of 
the  Secretary  of  State,  who  is  at  the  head  of  foreign  af- 
fairs. 

(2)  The  Department  of  War,  under  the  management  of 
the  Secretary  of  War. 

(3)  The  Department  of  the  Navy,  under  the  management 
of  the  Secretary  of  the  Navy. 

(4)  The  Department  of  Justice,  under  the  management 
of  the  Attorney-General. 

(5)  The  Department  of  the  Treasury,  under  the  manage- 
ment of  the  Secretary  of  the  Treasury. 

(6)  The  Post  Office  Department,  under  the  management 
of  the  Postmaster-General. 

F.  Civil  Govt.— 12 


178 


NATIONAL  GOVERNMENT 


(7)  The  Department  of  the  Interior,  under  the  manage- 
ment of  the  Secretary  of  the  Interior. 

(8)  The  Department  of  Agriculture,  under  the  manage- 
ment of  the  Secretary  of  Agriculture. 

(9)  The  Department  of  Commerce,  under  the  manage- 
ment of  the  Secretary  of  Commerce. 

(10)  The  Department  of  Labor,  under  the  management  of 
the  Secretary  of  Labor. 

Cabinet  Meetings. — ^The  officers  who  serve  as  the  heads 
of  the  great  departments  meet  at  the  White  House  once  or 
twice  a  week  to  consult  with  the  President  and  to  advise 


A  Cabinet  Meeting 

with  him  in  respect  to  public  affairs.  This  coming  to- 
gether of  the  heads  of  the  departments  is  known  as  a  Cabi- 
net Meeting.  Cabinet  meetings  are  not  provided  for  in 
the  Constitution.  They  are  held  simply  for  the  conven- 
ience of  the  President,  who  desires,  of  course,  to  consult 
with  his  secretaries  from  time  to  time  and  to  get  advice 


THE  PRESIDENT  AND  HIS  CABINET  179 

from  them.  No  record  is  kept  of  the  cabinet  meetings, 
and  the  public  does  not  know  what  takes  place  at  them. 
The  cabinet  may  take  a  vote  upon  a  question  that  is  be- 
fore it,  but  the  President  is  not  bound  to  act  according  to 
the  result  of  the  vote.  The  business  of  the  cabinet  is  to 
discuss  and  advise ;  the  business  of  the  President  is  to  decide 
and  act. 

The  National  Civil  Service ;  the  Civil  Service  Commis- 
sion.— ^The  work  of  the  National  Government  requires  the 
services  of  about  475,000  persons,  not  counting  the  soldiers 
in  the  army  or  the  sailors  in  the  navy.  About  35,000  of 
these  officers  and  employees  reside  in  the  city  of  Washing- 
ton. The  others  are  scattered  over  the  country,  serving 
principally  as  postmasters,  letter-carriers,  clerks,  custom- 
house employees,  inspectors.  We  are  apt  to  think  of  Wash- 
ington as  the  place  where  nearly  all  the  business  of  the  Na- 
tional Government  is  transacted,  but  it  should  be  remem- 
bered that  for  every  person  whom  the  National  Government 
employs  in  Washington  it  employs  about  twelve  elsewhere. 

How  do  these  475,000  servants  of  the  National  Govern- 
ment receive  their  positions?  They  receive  them  in  two 
ways :  they  are  either  appointed  directly  by  the  President 
or  they  are  appointed  directly  by  the  heads  of  the  depart- 
ments. Those  appointed  by  the  President  —  more  than 
10,000  in  number  —  must  be  confirmed  by  the  Senate. 
The  presidential  appointees  are  the  leading  men  of  the 
government,  the  heads  of  the  departments  and  their  chief 
assistants,  the  heads  of  bureaus  and  of  divisions,  the  post- 
masters of  the  larger  places,  the  chief  customhouse  offi- 


180  NATIONAL  GOVERNMENT 

cials  and  collectors  of  internal  revenue.  All  the  vast  army 
of  officers  and  employees  not  appointed  directly  by  the 
President  are  appointed  by  the  heads  of  the  departments. 

In  order  to  help  in  the  work  of  securing  proper  persons 
for  the  departments  a  Civil  Service  Commission  has 
been  established.  It  is  the  duty  of  this  body  to  ex- 
amine those  who  wish  employment  under  the  government 
and  to  report  on  the  fitness  of  the  applicants.  The  names 
of  the  persons  who  pass  the  examinations  held  by  the  Com- 
mission are  sent  to  the  heads  of  the  departments,  and  the 
persons  who  get  the  highest  marks  are  the  first  to  be  ap- 
pointed. Those  who  pass  these  civil  service  examinations 
and  receive  appointments  are  allowed  to  hold  their  places 
so  long  as  they  behave  themselves  and  do  their  work  well. 
Any  person,  however,  in  the  executive  civil  service  of  the 
National  Government,  whether  he  be  high  or  low,  may  be 
removed  from  his  position  at  any  time  by  the  President, 
and  may  be  removed  for  any  reason  or  for  no  reason. 

Salaries. — ^The  salaries  of  the  principal  officers  of  the 
National  Government  are  as  follows: 


President $75,000 

Vice  President 12,000 

Members  of  the  Cabinet 12,000 

Chief  Justice  of  the  Supreme  Court 15,000 

Associate  Justices  of  the  Supreme  Court 14,500 

Judges  of  Circuit  Courts 7,000 

Judges  of  District  Courts 6,000 

Representatives 7,500 

Senators 7,500 

Foreign  Ministers  and  Ambassadors      ....     10,000  to  17,500 
Heads  of  Bureaus  and  Divisions 3,000  to    6,000 


THE  PRESIDENT  AND  HIS  CABINET  181 

QUESTIONS  AND  EXERCISES 

1.  Name  the  members  of  our  President's  cabinet. 

2.  What  is  meant  by  the  words  "To  the  victors  belong  the  spoils"? 

3.  How  would  you  proceed  if  you  wished  to  secure  a  position  as  a 
clerk  in  a  post  office?  (Write  to  the  United  States  Civil  Service  Com- 
mission, Washington,  D.  C,  for  a  booklet  giving  information  about 
admission  to  the  national  civil  service.) 

4.  Ought  employees  of  the  civil  service  to  receive  pensions  in  their 
old  age? 

5.  Name  all  the  officers  and  employees  of  the  national  civil  service 
whom  you  personally  know. 


XXXII.    THE  NATIONAL  EXECUTIVE  DEPART- 
MENTS 

"Cultivate  peace  and  harmony  with  all." — Washington. 

Introduction. — We  may  now  begin  to  study  the  work- 
ings of  the  great  executive  departments  of  our  National 
Government.  The  business  of  these  departments  extends 
over  the  whole  of  the  United  States.  Indeed  the  business 
of  some  of  them  extends  over  the  entire  world.  The  cen- 
tral offices,  however,  of  all  the  departments  are  located 
at  our  national  capital,  and  it  is  in  these  great  govern- 
ment workshops,  the  department  buildings  at  Washing- 
ton, that  we  can  best  study  the  subject  that  is  now  be- 
fore us. 

The  Department  of  State. — Of  all  the  large  and  mag- 
nificent office  buildings  in  Washington  the  largest  and 
most  magnificent  is  the  State,  War,  and  Navy  Building 
located  about  a  stone's  throw  west  of  the  White  House. 
This  building  might  well  be  called  the  Peace  and  War 
Building,  for  beneath  its  roof  are  done  both  the  things 
that  keep  us  on  terms  of  peace  and  friendship  with  foreign 
nations  and  the  things  that  enable  us  to  wage  war  on  land 
and  on  sea.  In  this  huge  structure  are  the  offices  of  the 
Department  of  State,  the  Department  of  War,  and  the 
Department  of  the  Navy. 

The  Department  of  State  is  the  department  of  foreign 

182 


THE  NATIONAL  EXECUTIVE  DEPARTMENTS 


183 


affairs.  The  United  States  must  transact  a  great  deal  of 
business  with  the  other  countries  of  the  world,  and  the 
management  of  this  business  is  in  the  hands  of  the  Secre- 
tary of  State.  Every  important  nation  sends  to  Washing- 
ton an  ambassador  or  minister  whose  duty  is  to  represent 
his  home  country  and  to  defend  its  interests  in  the  United 
States.  The  Secretary  of  State  assists  the  President  in 
receiving  these  ambassadors  and  ministers  upon  their 
arrival  in  Washington,  and  does  what  he  can  to  make  their 


State,  War,  and  Navy  Building 

stay  in  the  city  pleasant  and  agreeable.  A  foreign  minis- 
ter is  a  very  important  personage  and  he  must  be  treated 
with  great  honor  and  distinction.  The  land  on  which  he 
lives  is  regarded  as  a  little  patch  of  sacred  territory  upon 
which  no  one  must  enter  against  the  wishes  of  the  minis- 
ter.   The  persoi  of  a  foreign  minister  is  also  regarded  as 


184  NATIONAL  GOVERNMENT 

sacred,  and  so  are  the  persons  of  the  members  of  his  family 
and  of  his  secretaries  and  servants.  A  secretary  of  a 
foreign  ambassador  was  arrested  in  a  New  England  town 
for  running  an  automobile  too  fast,  and  was  fined.  The 
State  Department  took  the  matter  up  and  caused  the 
money  to  be  given  back,  and  the  judge  who  imposed  the 
fine  was  reprimanded. 

Besides  attending  to  the  business  that  is  brought  up  by 
the  foreign  ambassadors  and  ministers  residing  in  Wash- 
ington, the  State  Department  has  charge  of  the  work  car- 
ried on  by  our  own  ambassadors  and  ministers  in  other 
countries.  In  almost  every  country  of  the  world  the  Uni- 
ted States  has  either  an  ambassador  or  a  minister.  The 
ambassador  is  the  higher  officer  in  rank  and  is  supposed 
to  be  the  personal  representative  of  the  President  himself. 
An  ambassador  and  a  minister  have  practically  the  same 
duty,  and  that  is  to  uphold  and  defend  the  interests  of 
the  United  States  and  its  citizens  in  the  countries  to 
which  they  are  sent. 

The  State  Department  also  has  charge  of  the  consular 
service  of  the  United  States.  A  consul  is  a  business  agent 
sent  by  the  government  to  a  foreign  seaport  or  an  inland 
city  to  look  after  the  commercial  interests  of  the  home 
country.  The  consul  also  attends  to  many  affairs  of  a 
private  nature.  He  certifies  to  marriages,  births,  and 
deaths  among  his  countrymen  in  his  consular  district;  he 
looks  after  the  property  of  deceased  persons  when  there  is 
nobody  else  at  hand  to  do  this;  sometimes  he  issues  pass- 
ports.   Very  often  in  the  hour  of  need  the  American  citi- 


THE  NATIONAL  EXECUTIVE   DEPARTMENTS        185 

zen  in  a  foreign  land  finds  in  the  American  consul  a  real 
friend. 

The  Department  of  War  has  charge  of  the  land  forces 
of  the  United  States.  It  has  control  of  the  regular  or 
standing  army,  the  army  that  is  always  ready  for  fighting. 
A  law  passed  in  1916  reorganized  the  regular  army  and 
provided  for  a  total  peace  footing  of  about  200,000  men, 
including  all  branches.  The  term  of  service  consists  of 
three  years  of  active  duty  and  four  years  in  reserve. 
The  National  Guard,  which  is  the  organized  mihtiaof  the 
several  States,  is  also  at  the  service  of  the  National  Gov- 
ernment. By  the  law  of  1916  it  is  required  that  the  Na- 
tional Guard  shall  be  increased  until  it  consists  of  about 
425,000  men.  Moreover,  the  President  may  call  for 
volunteer  soldiers  and  in  this  way  raise  a  very  large  army. 

The  President  is  the  commander  in  chief  of  the  army, 
but  the  actual  management  of  military  affairs  falls  into 
the  hands  of  the  Secretary  of  War.  This  officer  is  as- 
sisted in  the  performance  of  his  duties  hj  the  General  Staff 
and  by  the  heads  of  the  several  bureaus  of  the  War  De- 
partment. The  General  Staff  is  a  body  of  trained  officers 
whose  duty  is  to  prepare  plans  for  the  conduct  of  military 
operations.  Through  the  Chief  of  Staff  the  Secretary  of 
War  exercises  a  direct  control  over  the  troops.  One  great 
bureau  of  the  department  is  that  of  the  Quartermaster 
Corps,  which  attends  to  the  clothing  and  to  the  trans- 
portation of  the  troops,  gives  them  their  pay,  and  supplies 
them  with  their  rations.  The  office  of  the  Surgeorir 
General  cares  for  the  sick  and  wounded  and  has  charge 


186  NATIONAL  GOVERNMENT 

of  the  army  hospitals.  The  Judge- Advocate-General  is  the 
head  of  the  bureau  of  military  justice.  Officers  and  sol- 
diers frequently  get  into  trouble  and  are  accused  of  wrong- 
doing and  when  this  happens  they  are  not  tried  by  a  jury 
as  other  citizens  are,  but  by  a  military  court  known  as  a 
court-martial.  The  Judge-Advocate-General  has  a  general 
supervision  over  courts-martial.  The  Chief  of  Ordnance 
has  charge  of  the  bureau  that  purchases  or  manufactures  the 
guns,  swords,  cannon,  and  ammunition  used  by  the  army. 

The  War  Department  has  charge  of  the  fortifications  by 
which  the  great  cities  along  the  sea  coast  are  defended.  It 
also  has  control  of  the  great  Military  Academy  at  West 
Point  where  young  men  receive  thorough  training  in  the 
arts  of  war.  The  War  Department  has  also  established 
at  Washington  an  Army  War  College  for  advanced  students. 

The  Department  of  the  Navy  has  charge  of  the  forces 
that  defend  us  on  the  seas.  The  President  is  commander 
in  chief  of  the  navy  as  he  is  commander  in  chief  of  the 
army,  but  the  Secretary  of  the  Navy  is  the  real  manager 
of  naval  affairs.  The  business  of  the  Navy  Department 
is  distributed  to  several  bureaus,  all  of  which  work  toward 
the  same  end:  the  placing  on  the  seas  of  well-built,  well- 
equipped,  and  fully-manned  fighting  ships.  The  Bureau 
of  Construction  and  Repair  attends  to  the  designing  and 
building  of  the  ships  of  the  navy.  The  Bureau  of  Yards 
and  DocA;s  has  charge  of  the  yards  where  ships  for  the 
navy  are  built.  The  Bureau  of  Navigation  takes  care  that 
the  ships  of  the  navy  are  suppUed  with  properly  trained 
oflicers  and  sailors.    The  Naval  Academy  at  Annapolis — 


THE  NATIONAL  EXECUTIVE  DEPARTMENTS  187 

the  best  equipped  school  of  its  kind  in  the  world — is 
under  the  du'ection  of  this  bureau.  The  Bureau  of  Ord- 
nance provides  the  ships  with  the  instruments  of  warfare. 
For  a  long  time  the  United  States  did  not  care  to  have 
a  powerful  navy,  but  about  1885  we  began  to  improve 
our  navy,  adding  to  the  number  of  fighting  vessels  and 
providing  for  the  training  of  a  large  number  of  naval  offi- 
cers and  seamen.  This  policy  of  increasing  our  naval 
forces  has  been  followed  so  faithfully  that  we  now  have 
one  of  the  most  powerful  navies  in  the  world. 

QUESTIONS  AND  EXERCISES 

1.  Who  first  filled  the  office  of  Secretary  of  State?  Of  Secretary  of 
War?    Of  Secretary  of  the  Navy? 

2.  Name  four  great  generals  of  American  history.  Name  three 
great  naval  heroes  of  American  history. 

3.  What  country  has  the  strongest  navy?  What  reason  can  you 
give  in  favor  of  supporting  a  strong  navy?  What  reasons  can  you 
give  against  supporting  a  strong  navy? 

4.  What  does  it  cost  to  support  the  army  and  navy  of  the  United 
States? 

5.  Name  the  countries  of  the  world  that  have  large  standing  armies. 
Are  those  countries  in  less  danger  than  are  those  that  have  small 
standing  armies? 

6.  If  you  see  any  good  things  connected  with  warfare  name  those 
things.    Name  the  evils  connected  with  warfare. 


XXXIII.     THE  NATIONAL  EXECUTIVE  DEPART- 

MENTS  (Continued) 

The  Department  of  Justice. — Just  across  the  street 
from  the  State,  War,  and  Navy  Building  is  the  central 
office  of  the  Department  of  Justice,  the  law  department 
of  the  National  Government.  The  chief  lawyer  of  this  de- 
partment is  the  Attorney-General  of  the  United  States, 
who  renders  the  same  kind  of  service  for  the  National 
Government  that  the  Attorney-General  of  the  State  (p.  141) 
renders  for  the  State  government  and  that  the  prosecuting 
attorney  (p.  88)  renders  for  the  county.  When  there  are 
offenses  against  the  laws  of  the  United  States,  such  as 
the  counterfeiting  of  money  or  the  robbing  of  mails,  it  is 
the  duty  of  the  Department  of  Justice  to  prosecute  the 
offenders  in  the  national  courts.  When  the  National  Gov- 
ernment needs  a  lawyer  to  defend  it  in  the  courts,  the 
Attorney-General  or  one  of  his  assistants  acts  as  that 
lawyer.  When  the  President,  or  a  member  of  the  cabinet, 
needs  the  advice  of  a  lawyer  he  calls  upon  the  Attorney- 
General  to  give  that  advice.  The  Department  of  Justice 
also  superintends  the  district  attorneys,  clerks,  and  mar- 
shals of  the  national  courts.  In  the  performance  of  his 
duties  the  Attorney-General  is  assisted  by  a  solicitor- 
general  and  by  many  assistant  attorneys. 

The  Department  of  the  Treasury. — ^About  a  stone's 
throw  east  of  the  White  House  is  the  Treasury  Building, 

188 


THE  NATIONAL  EXECUTIVE  DEPARTMENTS 


189 


the  great  central  workshop  of  the  Treasury  Department. 
Visitors  to  Washington  are  always  eager  to  go  through 
the  Treasury  Building,  for  in  it  they  can  see  the  vaults  in 
which  are  deposited  great  sums  of  gold  and  silver  coin, 
and  can  see  old  and  worn  out  money  destroyed  and  new, 
freshly  printed  money  stamped,  counted,  and  prepared  for 
shipment  to  all  parts  of  the  country. 
The  operations  of  the  Treasury  Department  are  so  vast 


Treasury  Building 

that  to  give  a  full  account  of  them  would  require  a  large 
volume.  At  the  head  of  this  department  is  the  Secretary 
of  the  Treasury,  who  is  assisted  in  his  labors  by  three  as- 
sistant secretaries  and  by  the  heads  of  numerous  bureaus 
and  divisions.  Among  the  many  services  of  the  depart- 
ment the  following  deserve  special  notice: 


190  NATIONAL  GOVERNMENT 

(1)  The  Collection  of  the  National  Taxes. — It  is  the  task 
of  the  Treasury  Department  to  collect  the  great  sum  of 
money  that  is  required  to  support  the  National  Govern- 
ment. The  national  taxes  are  the  customs  duties  on  goods 
brought  from  foreign  countries,  excises  (taxes)  on  cer- 
tain articles  of  home  manufacture,  and  an  income  tax. 
Duties  are  collected  principally  on  sugar,  tobacco,  wool, 
woolen  goods,  cotton  goods,  silk  goods,  iron  and  steel 
goods.  Both  duties  and  excises  (internal  taxes)  are 
collected  on  liquors,  tobacco^  cigars,  cigarettes,  oleo- 
margarine, and  playing  cards.  About  half  the  revenue 
comes  from  customs  duties  and  about  half  from  excises. 

For  the  collection  of  the  customs  tax  the  Treasury  De- 
partment places  officials,  known  as  collectors  of  customs, 
at  all  points  where  foreign  goods  are  brought  into  the 
country.  There  are  altogether  about  130  such  places, 
known  as  'ports  of  entry.  The  leading  ports  of  entry — so 
far  as  the  amount  of  customs  collected  is  concerned — are 
New  York,  Philadelphia,  Boston,  San  Francisco,  Balti- 
more, New  Orleans,  Chicago,  and  Detroit.  By  far  the 
most  important  port  is  New  York,  where  more  than  half 
of  all  the  customs  are  collected. 

For  the  collection  of  the  excises  the  Department  has 
officers  known  as  collectors  of  internal  revenue.  These 
officers  visit  the  distilleries  and  breweries  and  cigar  and 
tobacco  manufactories  and  collect  taxes  on  the  articles 
before  they  are  sold.     They  also  collect  the  income  tax. 

(2)  The  Safe  Keeping  of  the  National  Revenue. — The 
money  collected  as  customs  and  excises  is  placed  in  the 


THE  NATIONAL  EXECUTIVE  DEPARTMENTS  191 

keeping  of  the  Treasurer  of  the  United  States,  an  officer 
of  the  Treasury  Department.  A  large  amount  of  the  gov- 
ernment's money  is  always  found  in  the  vaults  of  the 
Treasury  Building  at  Washington,  yet  in  nine  other  cities 
(New  York,  Boston,  Philadelphia,  Baltimore,  Cincinnati, 
Chicago,  St.  Louis,  New  Orleans,  and  San  Francisco)  there 
are  subtreasuries  in  which  large  sums  of  public  money  are 
stored.  In  the  subtreasury  of  New  York  there  is  more 
money  actually  handled  than  is  handled  at  all  the  other 
subtreasuries  combined. 

(3)  The  Bookkeeping  Service  of  the  National  Govern- 
meat. — The  great  task  of  keeping  the  accounts  of  the  Na- 
tional Government  is  performed  by  officers  of  the  Treasury 
Department.  Chief  among  these  are  the  Register  of  the 
Treasury,  Auditors  of  the  Treasury,  and  the  Comptroller 
of  the  Treasury.  The  Register  of  the  Treasury  signs  all 
United  States  bonds,  and  prepares  lists  of  persons  who 
are  the  holders  of  registered  bonds  and  who  are  en- 
titled to  receive  interest  on  bonds.  The  Auditors  of  the 
Treasury,  six  in  number,  examine  and  settle  all  the  claims 
and  accounts  of  the  various  departments.  The  Comptrol- 
ler prescribes  the  manner  in  which  the  public  accountsj 
shall  be  kept  and  when  complaints  are  made  he  sits  in 
judgment  on  the  work  of  the  Auditors  and  approves  or 
disapproves  of  their  decisions. 

(4)  The  Manufacture  of  Money, — ^All  the  money  in  use 
is  manufactured  under  the  direction  of  the  Treasury  De- 
partment. The  paper  money  is  all  printed  in  Washing- 
ton at  the  great  Bureau  of  Engraving  and  Printing,  where 


192  NATIONAL  GOVERNMENT 

1000  skilled  workmen  and  artists  are  constantly  em- 
ployed printing  and  counting  the  millions  of  notes  that 
are  necessary  to  supply  the  country  with  currency.  For 
the  manufacture  of  gold  and  silver  and  other  metallic 
coins  the  department  has  mints  located  at  Philadelphia, 
New  Orleans,  Denver,  and  San  Francisco.  Each  mint  has 
its  own  superintendent,  but  all  the  mints  are  imder  the 
general  supervision  of  the  Director  of  the  Mint. 

(5)  The  Supervision  of  National  Banks. — ^The  national 
banks  of  the  country,  more  than  7500  in  number,  are  super- 
vised by  an  officer  of  the  department  known  as  the  Comp- 
troller of  the  Currency.  No  national  bank  can  begin  busi- 
ness until  its  plans  have  been  submitted  to  the  Comptroller 
and  approved  by  him,  and  every  bank  must  send  to  him 
at  stated  times  reports  showing  the  condition  of  its  affairs. 

(6)  Miscellaneous  Services. — ^The  Treasury  Department 
performs  several  services  that  are  not  closely  connected 
with  its  proper  work.  It  has  charge  of  the  Public  Health 
Service,  which  furnishes  medical  aid  and  hospital  service 
to  certain  classes  of  seamen  and  which  does  what  it  can  to 
prevent  the  spread  of  contagious  diseases  from  State  to 
State.  It  has  charge  of  the  Coast  Guard,  which  keeps 
along  our  seacoast  a  force  of  men  who  are  ready  night  and 
day  to  save  the  lives  of  people  on  board  vessels  in  distress. 
It  also  employs  a  Supervising  Architect,  who  selects  the 
location  and  prepares  the  plans  for  the  public  buildings 
of  the  National  Government,  its  customhouses,  its  post 
offices,  its  hospitals. 

The  Post  Office  Department. — A  walk  of  three  minutes 


THE  NATIONAL  EXECUTIVE   DEPARTMENTS        193 

from  the  Treasury  Building,  passing  along  the  far-famed 
Pennsylvania  Avenue,  brings  one  to  the  Post  Office  Build- 
ing. This  is  the  central  office  of  the  Post  Office  Depart- 
ment, which  collects,  carries,  and  delivers  letters  and  par- 
cels and  manages  the  affairs  of  the  postal  savings  bank. 
About  300,000  persons — postmasters,  clerks,  and  letter 
carriers — are  employed  by  the  Post  Office  Department. 

At  the  head  of  this  department  is  the  Postmaster- 
General,  who  is  assisted  in  his  duties  by  four  assistant 
postmasters-general.  The  first  assistant  postmaster-gen- 
eral attends  to  postmasters'  appointments,^  salaries,  and 
the  delivery  of  mail  in  cities.  The  second  assistant  at- 
tends to  the  carrying  of  the  mails,  whether  on  railroads, 
steamships,  or  otherwise.  The  third  assistant  supervises 
the  manufacture  of  stamps  and  attends  to  matters  con- 
nected with  money  orders  and  registered  mails.  The 
fourth  assistant  has  charge  of  the  rural  free  delivery  service 
and  of  dead  letters. 

QUESTIONS  AND  EXERCISES 

1.  Which  of  the  executive  departments  of  the  National  Govern- 
ment comes  closest  to  the  citizen  in  his  daily  life? 

2.  What  services  does  the  Post  Office  Department  render  besides 
the  carrying  of  the  mails?  Explain  the  rates  charged  for  different  classes 
of  mail,  including  the  rates  of  the  parcel  post. 

3.  Explain  what  is  meant  by  "Protection ";  by  "Free  Trade." 

4.  Describe  the  several  kinds  of  money  in  use. 

5.  Try  to  get  a  friend  who  understands  the  subject  to  come  before 
your  class  and  explain  the  workings  of  national  banks. 

^  He  does  not,  however,  actually  appoint  postmasters;  only  the  President 
or  the  Postmaster-General  can  make  appointments. 

F.  Qvil  Govt.— 13 


XXXIV.   THE   NATIONAL   EXECUTIVE   DEPART- 
MENTS  {Continued) 

The  Department  of  the  Interior  employs  more  per- 
sons in  Washington  than  any  other  department  except 
the  Treasury  Department.  Its  central  offices  are  located 
in  several  great  buildings  which  stand  at  convenient  dis- 
tances from  one  another. 

The  Secretary  of  the  Interior  has  his  office  in  a  building 
known  as  the  Patent  Office.  In  the  Patent  Office  also  is 
the  office  of  the  Commissioner  of  Patents  who  has  charge 
of  the  granting  of  patents  (p.  164)  to  the  thousands  of  in- 
ventors who  every  year  come  forward  with  something  new. 

Just  across  the  street  from  the  Patent  Office  is  the  fine 
building  known  as  the  Land  Office.  In  this  building  are 
located  two  of  the  most  important  bureaus  of  the  Interior 
Department,  the  General  Land  Office  and  the  Office  of  /n- 
dian  Affairs.  The  Land  Office  has  charge  of  the  public 
lands  owned  by  the  United  States.  These  lands,  if  we  in- 
clude those  owned  in  Alaska,  have  a  combined  area  of 
nearly  a  million  and  a  half  square  miles,  an  area  equal  to 
that  of  six  such  States  as  Texas.  The  National  Govern- 
ment is  all  the  time  selling  its  public  lands  to  private  in- 
dividuals at  very  low  prices,  and  it  is  through  the  Land 
Office  that  these  lands  are  bought  and  that  the  titles  to 
them  are  secured.  The  Indian  Office  deals  with  the  In- 
dians of  the  United  States.    There  are  scattered  over  the 

194 


THE  NATIONAL  EXECUTIVE  DEPARTMENTS 


195 


country  about  270,000  red  men  living  on  about  160  In- 
dian reservations  which  have  a  total  area  of  more  than 
100,000  square  miles.  Most  of  these  Indians  live  in  tribes, 
and  all  Indian  tribes  are  under  the  control  and  guardian- 
ship of  the  United  States.  The  National  Government  as 
the  guardian  and  protector  of  the  Indians  renders  them 
many  services:  it  protects  them  against  injustice  at  the 
hands  of  the  white  man;  it  gives  them  certain  food  supplies; 


Pension  Office 

it  supports  schools  among  them.     It  does  these  things 
through  the  agency  of  the  Indian  Office. 

Two  squares  from  the  Patent  Office  is  the  massive  Pen- 
sion Office.  Here  under  the  direction  of  the  Commissioner 
of  Pensions,  an  officer  of  the  Interior  Department,  upwards 
of  1000  persons  are  employed  in  examining  the  claims  for 
pensions  and  in  awarding  pensions  to  those  who  have 


196  NATIONAL  GOVERNMENT 

fought  in  our  wars.  Through  the  services  of  this  office  pen- 
sions are  distributed  to  nearly  750,000  old  soldiers  and 
old  soldiers'  widows.  The  number  of  pensioners,  however, 
is  growing  smaller. 

In  the  Department  of  the  Interior  there  are  also:  a  Com- 
missioner of  Education,  who  collects  facts  bearing  upon 
the  subject  of  education;  a  Director  of  the  Geological  Sur- 
vey, who  investigates  the  mineral  resources  and  mineral 
products  of  the  public  lands ;  a  Director  of  the  Reclamation 
Service,  who  directs  the  great  work  of  reclaiming  arid  lands 
by  irrigation ;  and  a  Director  of  the  Bureau  of  Mines,  who 
investigates  methods  of  providing  for  the  safety  of  miners. 

The  Department  of  Agriculture,  under  the  direction 
of  the  Secretary  of  Agriculture,  collects  and  distributes 
among  the  people  useful  information  on  the  subject  of 
agriculture.  For  example:  a  certain  farming  community 
of  one  of  the  States  was  being  overrun  by  mice;  millions 
of  the  little  pests  had  suddenly  appeared  and  were  doing 
the  crops  great  harm.  The  Department  of  Agriculture 
soon  had  its  men  on  the  spot  trying  experiments  as  to  the 
best  method  of  getting  rid  of  the  mice.  When  the  agents 
of  the  department  had  learned  how  the  mice  could  be  most 
easily  destroyed  they  published  an  account  of  their  work 
and  this  account  v^SiS  sent  to  the  farmers  of  the  mouse- 
ridden  district.  The  department,  you  observe,  did  not 
undertake  to  kill  the  mice  for  the  farmers,  but  it  did 
undertake  to  furnish  them  with  information  as  to  how 
they  might  best  rid  their  fields  of  the  mice.  This  is  an 
illustration  of  the  hundreds  of  ways  in  which  the  depart- 


THE  NATIONAL  EXECUTIVE  DEPARTMENTS         197 

ment  of  Agriculture  helps  farmers  by  sending  out  informa- 
tion. 

A  most  important  service  of  the  department  is  that  per- 
formed by  the  Weather  Bureau.  This  bureau  studies  the 
winds  and  the  clouds  and  makes  forecasts  of  the  weather. 
Observations  of  weather  conditions  are  made  in  more  than 
3000  places  located  in  all  parts  of  the  United  States,  and 
forecasts  are  made  in  several  of  the  principal  cities.  The 
forecasts  are  sent  hither  and  thither  by  mail,  by  telephone, 
and  by  telegraph,  to  different  points,  so  that  the  people 
may  be  warned  of  coming  changes  in  the  weather. 

The  Bureau  of  Animal  Industry  is  a  most  important 
bureau  of  the  department.  It  investigates  the  diseases  of 
cattle  and  horses  and  swine  and  gives  information  to 
farmers  as  to  how  these  diseases  may  be  prevented.  It  also 
inspects  such  animals,  meats,  and  meat-food  products  as  are 
intended  for  shipment  from  one  State  to  another. 

Other  bureaus  of  the  Department  of  Agriculture  are: 
the  Bureau  of  Entomology,  which  gathers  and  distributes 
information  regarding  insects  which  are  harmful  to  crops 
and  trees ;  the  Bureau  of  Biological  Survey,  which  makes  a 
study  of  birds  with  the  view  of  learning  what  birds  are  the 
farmer's  friends  and  what  birds  are  his  enemies ;  the  Bureau 
of  Plant  Industry,  which  studies  plant  life,  and  distributes 
"seeds  to  farmers. 

The  Department  of  Commerce  promotes  the  foreign 
and  domestic  conunerce,  the  mining,  manufacturing,  ship- 
ping, and  fishing  industries,  and  transportation  facilities. 
The  prominent  bureaus  are :  the  Bureau  of  the  Census,  which 


198  NATIONAL  GOVERNMENT 

takes  a  census  of  all  the  people  every  ten  years ;  the  Bureau 
of  Fisheries,  which  propagates  useful  food  fishes,  and 
lobsters,  oysters,  and  other  shellfish. 

The  Department  of  Labor  promotes  the  welfare  of  wage 
earners,  improves  working  conditions,  and  advances  the 
opportunities  for  profitable  employment.  An  important 
bureau  is  the  Bureau  of  Labor  Statistics,  which  reports  on 
the  conditions  of  labor,  and  on  the  products  of  labor  and 
their  distribution ;  another  is  the  Children's  Bureau,  which 
investigates  all  matters  pertaining  to  the  welfare  of  children, 
giving  special  attention  to  such  questions  as  infant  mortality, 
juvenile  courts,  orphanage,  and  diseases  of  children. 

Executive  Work  outside  the  Departments. — Some  of 
the  work  of  the  National  Government  has  not  been  brought 
under  the  supervision  of  any  of  the  ten  great  departments. 
The  Federal  Trade  Commission,  which  consists  of  five  mem- 
bers appointed  by  the  President,  is  outside  the  control  of 
any  department.  The  purpose  of  this  commission  is  to 
prevent  business  concerns  (other  than  railroads)  from  using 
unfair  methods  when  competing  with  one  another.  The 
Interstate  Commerce  Commission  is  also  outside  the  control 
of  any  department.  This  body  is  composed  of  seven  mem- 
bers appointed  by  the  President.  The  duty  of  the  commis- 
sion is  to  exercise  a  certain  control  over  railroads  carrying 
freight  and  passengers  from  one  State  to  another.  It 
requires  that  the  railroads  in  their  charges  for  carrying 
passengers  and  freight  shall  not  charge  one  person  more  for 
a  given  service  than  is  charged  another  person  for  the  same 
service.     The  commission  also,  either  of  its  own  accord  or 


THE  NATIONAL   EXECUTIVE   DEPARTMENTS      199 


upon  complaint,  may  do  away  with  a  passenger  or  freight 
rate  which  it  regards  as  unjust  or  unreasonable  and  may 
fix  a  new  rate  which  it  regards  as  just  and  reasonable. 
Likewise,  the  Federal  Reserve  Board,  which  consists  of  the 
Secretary  of  the  Treasury,  the  Comptroller  of  the  Currency, 
and  five  other  members  appointed  by  the  President,  is 
not  directly  under 
the  control  of  any 
department.  The 
Reserve  Board  has 
charge  of  the  Fed- 
eral Reserve  Banks 
which  are  located 
in  Boston,  New 
York,  Philadelphia, 
Cleveland,  Rich- 
mond, Atlanta,  Chi- 
cago, St.  Louis,  Min- 
neapolis, Kansas  City 
(Missouri),  Dallas, 
and  San  Francisco. 

Outside  of  any 
department  also  are : 
The  Civil  Service 

Commisdon,  consisting  of  three  members  whose  duties 
have  been  described  (p.  180) ;  the  great  Government  Print- 
ing Office,  where  under  the  direction  of  the  PubHc  Printer 
nearly  5000  persons  are  constantly  employed  in  printing 
and  binding  countless  documents  for  the  National  Gov- 


An  Alcove  in  the  Congressional  Library 


200  NATIONAL  GOVERNMENT 

ernment;  the  Smithsonian  Institution,  which  carries  on 
scientific  experiments  and  which  has  charge  of  the 
National   Museum  and  the  Zoological  Gardens. 

Last,  but  not  least,  the  Library  of  Congress  is  outside  the 
control  of  any  department.  This  library  at  first  was  in- 
tended simply  for  the  personal  use  of  members  of  Congress, 
but  it  has  become  a  national  institution  and  its  2,000,000 
volumes  are  at  the  service  of  the  people  of  the  United 
States.  The  collection  has  been  housed  in  a  building  of 
surpassing  beauty,  and  scholars  and  readers  from  all  parts 
of  the  country  can  be  found  in  its  alcoves  availing  them- 
selves of  its  precious  treasures. 

QUESTIONS  AND  EXERCISES 

1.  Of  the  ten  executive  departments  of  the  National  Government 
which  renders  the  most  important  service?  Which  stands  second  in 
the  importance  of  the  service  it  renders?  Which  stands  third?  Which 
fourth? 

2.  To  what  department  or  bureau  would  you  take  each  of  the  follow- 
ing matters: 

(a)  A  claim  for  a  pension. 

(b)  A  claim  for  a  tract  of  public  land. 

(c)  An  application  for  a  patent. 

(d)  An  application  for  information  concerning  admission  to  the  Naval 

Academy. 

(e)  A  request  for  information  regarding  the  best  method  of  curing  a 

disease  in  cattle. 
(/)  A  complaint  in  respect  to  a  freight  rate. 


XXXV.    TERRITORIES  AND  DEPENDENCIES 

Introduction. — The  National  Government  has  always 
had  under  its  control  large  areas  of  territory  that  have 
been  governed  entirely  according  to  the  wishes  of  Con- 
gress. At  the  beginning  of  our  national  history  the  great 
Northwest  Territory,  out  of  which  have  been  carved  Ohio, 
Indiana,  Illinois,  Michigan,  Wisconsin,  and  a  part  of  Minne- 
sota, was  governed  by  Congress.  The  great  region  known 
as  Louisiana,  which  was  purchased  from  France  in  1803 
and  which  gave  to  the  Union  a  dozen  States,  was  at  first 
governed  as  a  territory  dependent  upon  Congress.  In 
fact,  of  the  thirty-five  admitted  States  all  but  six — 
Vermont,  Kentucky,  Maine,  Texas,  California,  and  West 
Virginia — were  governed  by  Congress  as  Territories  before 
they  came  into  the  Union  as  States. 

Hawaii. — Congress  has  provided  for  each  of  the  Terri- 
tories a  government  suitable  to  its  needs.  Hawaii  has  a 
Governor  appointed  by  the  President  of  the  United  States 
for  a  term  of  four  years;  a  secretary  also  appointed  by  the 
President ;  an  elective  Legislature  elected  by  the  people, 
and  resembling  that  of  a  State  Legislature;  a  system  of 
local  government  resembling  that  found  in  the  States; 
and  a  number  of  territorial  judges  appointed  by  the 
President.  It  sends  to  the  House 'of  Representatives  at 
Washington  a  delegate  who  has  a  right  to  speak  but  who 

201 


202  NATIONAL  GOVERNMENT 

has  not  the  right  to  vote.  Although  the  Legislature  of 
Hawaii  is  elected  by  the  people,  yet  any  bill  passed  by  the 
Legislature  may  be  vetoed  by  the  Governor,  who  is  not 
elected  by  the  people ;  and  to  overrule  his  veto  a  two-thirds 
vote  of  each  house  of  the  Legislature  is  necessary.  In 
respect  to  laws  that  have  already  been  enacted  Congress 
has  complete  power;  it  can  at  any  time  do  away  with 
any  law  that  the  Legislature  has  passed.  In  this  way 
the  National  Government  keeps  a  firm  hand  upon  this 
Territory. 

Alaska. — ^The  vast  region  of  Alaska  came  to  us  in  1867 
by  purchase  from  Russia.  It  is  governed  by  Congress 
somewhat  in  the  way  that  Hawaii  is.  It  has  a  Governor, 
a  secretary,  and  judges  who  are  all  appointed  by  the 
President.  It  has  a  Legislature,  but  the  powers  of  this 
body  are  limited  in  certain  respects  by  Congress.  It  has 
a  delegate  in  the  House  of  Representatives. 

Our  Island  Possessions.— Through  the  war  with  Spain 
in  1898  the  United  States  gained  possession  of  Porto  Rico 
and  the  Philippine  Islands.  The  duty  of  governing  these 
islands  rests  upon  Congress. 

For  Porto  Rico  Congress  has  provided  a  Governor, 
an  attorney-general,  and  a  commissioner  of  education, 
all  to  be  appointed  by  the  President.  A  treasurer,  a 
commissioner  of  the  interior,  a  commissioner  of  agri- 
culture and  labor,  and  a  commissioner  of  health  are 
appointed  by  the  Governor.  The  Legislature  of  Porto 
Rico  consists  of  two  houses,  a  senate  and  a  house  of 
representatives.     Both  the  senators  and  the  represent- 


TERRITORIES  AND  DEPENDENCIES  203 

atives  are  elected  by  the  qualified  voters ,  and  serve  for 
a  term  of  four  years.  Any  bill  passed  by  the  Legis- 
lature may  be  vetoed  by  the  Governor,  but  the  veto 
may  be  overruled  by  a  two-thirds  vote  of  both  houses. 
If  after  his  veto  has  been  overruled  the  Governor  still 
disapproves  of  a  bill,  he  must  send  it  to  the  President 
for  his  final  approval  or  rejection.  All  laws  enacted 
by  the  Legislature  must  be  reported  to  Congress,  and 
if  Congress  desires  to  do  so  it  may  annul  any  law.  The 
principal  judges  of  the  island  are  appointed  by  the 
President.  Porto  Rico  sends  to  Washington  a  resi- 
dent commissioner,  who  by  the  grace  of  the  House  of 
Representatives  is  permitted  to  speak  in  that  body. 

For  the  government  of  the  Philippine  Islands  Con- 
gress has  provided  a  Governor  General,  a  vice-governor, 
and  an  auditor  to  be  appointed  by  the  President.  The 
other  executive  officers  are  appointed  by  the  Governor 
General.  The  Philippine  Legislature  closely  resembles 
the  Legislature  of  Porto  Rico,  except  that  senators 
in  the  Philippines  hold  office  for  six  years  and  rep- 
resentatives for  three  years.  The  Philippine  Islands 
send  two  commissioners  to  Washington. 

The  inhabitants  of  Porto  Rico  are  citizens  of  the 
United  States.  The  Filipinos  are  not,  and  do  not 
enjoy  all  the  rights  and  privileges  of  American  citizen- 
ship. It  is  the  policy  of  the  National  Government, 
however,  to  treat  these  people  fairly,  and  in  fact 
they  enjoy  most  of  the  civil  rights  that  Americans 
enjoy. 


204  NATIONAL  GOVERNMENT 

The  District  of  Columbia. — Under  the  Articles  of  Con- 
federation Congress  had  no  fixed  home  and  at  times  it 
was  treated  badly  in  the  places  in  which  it  held  its  ses- 
sions. It  will  be  remembered  that  in  Philadelphia  Con- 
gress was  once  attacked  by  a  crowd  of  drunken  soldiers. 
The  framers  of  the  Constitution  provided  that  the  Na- 
tional Government  should  have  a  district  (not  exceeding 
ten  miles  square)  for  its  permanent  home  and  that  in  this 
district  Congress  should  have  complete  control.  In  1790 
a  tract  of  land  on  the  Potomac  River  was  chosen  as  the 
site  for  the  new  seat  of  government  and  was  named  the 
District  of  Columbia. 

Congress  has  governed  the  District  of  Columbia  now 
in  one  way,  now  in  another.  At  present  the  District  is 
governed  by  a  Board  of  Commissioners  appointed  by  the 
President.  These  Commissioners  act  as  an  executive  body 
to  do  the  will  of  Congress,  which  makes  the  laws  of  the 
District.  Judges  of  the  courts  of  the  District  are  appointed 
by  the  President.  Since  the  District  of  Columbia  is  prac- 
tically the  city  of  Washington  the  District  government 
is  a  city  government  with  the  usual  departments  of  serv- 
ice that  must  be  rendered  by  a  city  (p.  113). 

In  the  management  of  the  affairs  of  their  city  the  people 
of  Washington  have  no  responsibility  whatever  and  no 
power  whatever.  The  District  of  Columbia  has  no  dele- 
gate in  Congress,  or  commissioner,  or  representative  of 
any  kind.  Of  all  the  dependencies  of  the  United  States 
the  District  is  the  only  one  in  which  there  is  no  provision 
whatever  for  the  expression  of  the  popular  will.    The  in- 


TERRITORIES  AND  DEPENDENCIES 


206 


habitants,  however,  are  of  course  citizens  of  the  United 
States. 

QUESTIONS  AND  EXERCISES 

1.  Prepare  a  table  showing  the  population  and  area  of  each  of  the 
Territories  and  dependencies  and  give  the  total. 

2.  Of   our  Territories  and  dependencies  name  those  that  are  likely 
to  become  States. 

3.  If  you  lived  in  the  city  of  Washington  do  you  think  you  would 
like  the  way  it  is  governed? 

4.  Give  an  account  of  the  government  of  Guam;  of  Samoa. 

5.  Write  a  composition  on  the  city  of  Washington,  describing  its 
location,  its  streets,  its  buildings,  and  its  attractions. 


The  Municipal  Building,  Washington,  D.C. 


XXXVI.     THE  NATIONAL  COURTS 

"The  Supreme  Court  is  the  living  voice  of  the  Constitution,  that  is, 
of  the  will  of  the  people  expressed  in  the  fundamental  law  they  have 
enacted.  It  is  the  conscience  of  the  people  who  have  resolved  to  re- 
strain themselves  from  hasty  or  imjust  action  by  placing  their  repre- 
sentatives under  the  restriction  of  a  permanent  law." — James  Bryce, 

The  Band  of  Cases  Tried  in  the  National  Courts.— The 
third  article  of  the  Constitution  describes  the  powers  and 
the  nature  of  the  judicial  department  of  the  National  Gov- 
ernment. 

The  courts  of  a  State  try  those  cases  that  arise  under 
the  laws  and  constitution  of  the  State,  while  the  courts 
of  the  National  Government  try  those  cases  that  arise  under 
the  Constitution  of  the  United  States,  and  the  laws  passed 
by  Congress.  A  man  charged  with  the  mnm  of  burglary 
would  be  tried  in  one  of  the  courts  of  the  State  in  which 
the  crime  was  committed;  for  the  laws  against  burglary 
are  passed  by  the  Legislatures  of  the  States.  A  man  charged 
with  counterfeiting  money  would  be  tried  in  one  of  the 
national  courts;  for  the  laws  against  counterfeiting  are 
passed  by  Congress.  A  person  charged  with  breaking  a 
street  lamp  would  be  tried  in  a  State  court,  for  his  offense 
concerns  a  State;  but  a  person  charged  with  robbing  a 
letter  box  attached  to  a  lamp-post,  would  be  tried  in  a 
court  of  the  United  States,  for  his  offense  concerns  the 
National  Government. 

Again,  the  national  courts  may  try  those  cases  that  arise 

206 


THE  NATIONAL  COURTS  207 

between  citizens  of  different  States,  if  either  party  to  the 
case  so  desires.  Also  when  a  dispute  arises  between  two 
States,  it  is  settled,  not  in  a  State  court,  but  in  the  national 
court.  If  such  a  case  were  left  to  the  courts  of  one  of  the 
States  to  be  decided,  the  other  State,  if  the  decision  went 
against  it,  would  in  all  probability  be  dissatisfied. 

Still  another  class  of  cases  tried  in  the  national  court8 
consists  of  those  in  which  one  of  the  parties  is  a  foreigner. 
If  a  foreign  country  has  a  grievance  against  a  citizen  or 
against  one  of  the  States  it  may  try  its  case  in  the  courts  of 
the  United  States,  for  the  nation  and  not  the  State  is  re- 
sponsible to  foreign  governments.  Likewise,  if  a  citizen 
or  a  State  has  a  grievance  against  a  citizen  of  another 
country,  the  suit  may  be  brought  in  a  national  court.  In 
the  case  of  ambassadors  and  their  families  and  attendants, 
when  any  trouble  arises,  the  matter  must  be  taken  directly 
to  the  Supreme  Court  of  the  United  States.  Under  this 
rule,  if  a  servant  of  an  ambassador  should  steal  a  pound  of 
sugar  or  should  be  charged  with  disorderly  conduct,  his 
case  would  have  to  be  tried  before  the  highest  court  of  the 
United  States.  This  great  respect  is  shown  to  foreign 
ministers  in  order  to  avoid  giving  offense  to  the  govern- 
ments which  they  represent. 

The  Three  Grades  of  National  Courts. — For  the  trial 
of  such  cases  as  have  just  been  mentioned,  the  government 
of  the  United  States  supports  a  system  of  courts  somewhat 
similar  to  those  supported  by  a  State.  The  judges  of  all 
these  courts  are  appointed  by  the  President  and  they  all 
hold  their  office  for  life. 


208  NATIONAL  GOVERNMENT 

The  lowest  court  of  the  system  is  the  (1)  District 
Court, ^  which  is  presided  over  by  a  District  Judge. 
In  every  State  there  is  at  least  one  District  Court. 
The  larger  and  more  populous  States  have  two  or  more 
District  Courts;  altogether  there  are  more  than  100 
District  Judges  in  the  United  States.  These  lowest  courts 
try  all  crimes  committed  against  the  United  States,  and 
they  try  such  civil  cases  as  may  properly  be  tried  in 
national  courts.  In  the  District  Court  are  tried  patent 
and  copyright  cases,  counterfeit  cases,  cases  arising  under 
the  postal  laws,  and  other  classes  of  cases  arising  under 
laws  passed  by  Congress.  When  a  case  has  been  tried 
in  the  District  Court  and  either  of  the  parties  to  the  case 
is  not  satisfied  with  the  result,  it  may  be  taken,  that  is, 
appealed,  either  to  the  Supreme  Court  of  the  United  States, 
or  to  the  Circuit  Court  of  Appeals,  a  court  established  in 
1891  to  do  part  of  the  heavy  work  of  the  Supreme  Court. 
An  appealed  case  is  carried  to  the  Supreme  Court  {a)  when 
it  involves  a  question  of  jurisdiction,  that  is,  a  question 
as  to  what  court  the  case  ought  to  be  tried  in ;  (6)  when  it 
involves  the  construction  of  the  Constitution  of  the  United 
States ;  (c)  when  it  involves  a  question  of  the  constitution- 
ality of  a  law,  that  is,  whether  the  law,  State  or  national, 
agrees  with  the  Constitution  of  the  United  States ;  {d)  when 
it  is  a  case  of  conviction  for  some  great  crime ;  {e)  when  it 
involves  the  construction  of  a  treaty.     In  other  cases  than 

*The  pupil  should  be  careful  not  to  confuse  the  District  Courts  of 
the  National  system  with  those  courts  of  the  same  name  in  the  State 
system. 


THE  NATIONAL  COURTS  209 

those  mentioned,  an  appeal  must  be  taken  from  the 
District  Court  to  the  Circuit  Court  of  Appeals.^ 

For  the  trial  of  certain  classes  of  cases  upon  appeal, 
Congress  has  established  nine  great  judicial  circuits  and 
has  provided  for.  each  circuit  a  court  known  as  a  (2)  Cir- 
cuit Court  of  Appeals.  This  court  is  composed  of  regular 
circuit  judges  and  of  judges  of  the  other  courts'.  Three 
judges  are  necessary  for  the  trial  of  a  case  and  one  of  the 
three  may  be  a  Justice  of  the  Supreme  Court  who  is  as- 
signed to  the  circuit.  A  judge,  however,  who  has  tried  a 
case  in  the  District  Court  cannot  sit  at  the  trial  of  the 
same  case  in  the  Circuit  Court  of  Appeals.  The  Circuit 
Court  of  Appeals  tries  only  those  cases  that  are  brought 
to  it  upon  appeal  from  the  District  Court. 

The  highest  court  in  the  United  States  system  is  the  (3) 
Supreme  Court,  which  sits  at  Washington.  It  consists  of 
a  chief  justice  and  eight  associate  justices.  In  cases 
affecting  ambassadors  and  consuls,  and  those  in  which  a 
State  is  a  party,  it  has  original  jurisdiction.  This  means 
that  these  cases  must  be  tried  for  the  first  time  in  the  Su- 
preme Court.  The  chief  business  of  this  great  court,  how- 
ever, is  to  try  the  cases  that  are  appealed  to  it  from  the 
lower  courts.  The  Supreme  Court  is  the  most  exalted  and 
in  some  respects  the  most  powerful  body  in  the  United 
States.  It  acts  as  the  guardian  of  the  Constitution.  If 
Congress  or  the  Legislature  of  a  State  passes  a  law  that 

^  For  each  District  Court  the  President  appoints  a  District  Attorney 
and  a  Marshal.  The  duties  of  a  District  Attorney  resemble  those  of 
a  prosecuting  attorney  (p.  88) ;  of  a  Marshal,  those  of  a  sheriflF. 


210 


NATIONAL   GOVERNMENT 


conflicts  with  the  Constitution  of  the  United  States,  it  de- 
clares that  law  null  and  void.  If  a  State  Court  renders  a 
decision  that  conflicts  with  the  Constitution  or  with  a  law 
of  the  United  States,  the  Supreme  Court  may  overrule 


Supreme  Court  in  Session 


the  decision.  It  may  pass  judgment  upon  all  questions 
of  law  or  of  fact  that  are  appealed  to  it  and  that  it  chooses 
to  consider. 

Special  National  Courts. — In  addition  to  the  regular 
national  courts  just  described  there  are  two  important 
special  national  courts.  One  of  these  is  the  Court  of 
Claims,  which  holds  its  sessions  at  Washington  and  which 
tries  cases  involving  claims  founded  upon  contracts  made 
with  the  government  of  the  United  States.  The  other 
special  court  is  the  Court  of  Customs  Appeal,  which  hears 
appeals  from  the  decisions  of  officers  engaged  in  collecting 
the  customs  tax  (p.  190). 


THE  NATIONAL  COURTS  211 

QUESTIONS  AND  EXERCISES 

1.  Name  three  of  the  most  important  decisions  that  have  been  made 
by  the  Supreme  Court  in  the  history  of  our  country. 

2.  Name  two  of  the  most  celebrated  men  who  have  served  as  Chief 
Justice  of  the  Supreme  Court. 

3.  Study  the  third  article  of  the  Constitution  for  answers  to  the 
following  questions: 

(a)  How  long  does  a  judge  of  a  federal  court  hold  office? 
(6)  Can  Congress  reduce  the  salaries  of  the  present  judges? 

(c)  In  what  court  would  a  charge  against  a  consul  of  a  foreign  coun- 

try be  brought? 

(d)  In  what  court  would  a  man  be  tried  for  robbing  a  post  office? 

(e)  In  what  court  would  a  suit  between  a  State  and  a  citizen  of  a  for- 

eign country  be  tried? 

4.  Use  the  words  "State"  and  "federal"  properly  in  the  following 
passage: 

There  are  less  than  a  hundred  and  fifty judges,  and  there  are 

many  thousands  of judges.    "A  large  majority  of  the  cases  at  law 

are  tried  in courts.    If  only laws  are  involved  in  the  case,  the 

courts  can  have  nothing  to  do  with  it.    Ordinary  crimes,  such  as 

assaults,  theft,  and  murder,  can  be  tried  only  in courts.    In  Hke 

manner  nearly  all  cases  arising  in  the  administration  of  school  laws, 
laws  concerning  paupers,  highways, taxation,  the  laws  for  the  gov- 
ernment of  cities  and  the  holding  of  elections,  are  triable  in  the 

courts  alone.    It  is  only  when  some  provision  of  the constitution, 

or  some  act  of  the  United  States  Government  is  involved  that  a 

court  can  act." — Macy, 


XXXVII.    TAXATION:   THE    PROPERTY  TAX 

"Taxation  without  representation  is  injustice  and  oppression." 

— Burke. 

Introduction. — The  expenses  of  government  amount 
to  a  vast  sum  of  money.  The  salaries  of  officers  and 
employees  have  to  be  paid,  large  pubUc  buildings  have 
to  be  erected,  roads  and  streets  have  to  be  built  and  kept 
in  repair,  a  costly  system  of  public  schools  has  to  be  sup- 
ported, vast  fleets  and  armies  have  to  be  maintained. 
The  money  necessary  to  pay  for  all  this  comes  from  the 
pockets  of  citizens  in  the  form  of  taxes.  In  this  lesson 
and  in  the  next  you  are  to  learn  how  government  exercises 
the  power  of  taxation,  how  it  compels  citizens  to  con- 
tribute money  for  the  support  of  government. 

Taxation  a  Power  of  the  Lawmaking  Department.— 
Which  of  the  three  great  departments  of  government  has 
the  power  of  taxation?  This  power  belongs  to  the  law- 
making department  and  to  it  alone.  A  Mayor,  a  Gov- 
ernor, a  President,  a  Judge,  cannot  raise  a  single  penny 
by  taxation.  Americans  will  pay  only  such  taxes  as  they 
themselves  in  person  have  agreed  to  pay  or  such  as  their 
representatives  in  a  legislature  or  lawmaking  body  have 
ordered  to  be  paid.  The  City  Council  levies  the  city  tax, 
the  State  Legislature  levies  the  State  tax,  and  Congress 
levies  taxes  for  the  support  of  the  National  Government. 

212 


THE  PROPERTY  TAX  213 

Not  only  does  the  lawmaking  branch  have  the  power 
of  raising  money  by  taxation,  but  it  also  has  the  power 
of  directing  how  that  money  shall  be  spent.  The  executive 
branch,  it  is  true,  actually  spends  the  money  raised  by 
taxation,  but  it  must  spend  this  money  precisely  as  the 
legislature  directs.  The  legislature  orders  a  certain  sum 
of  money  to  be  collected  from  the  people  and  placed  in 
the  public  treasury  and  then  it  prescribes  the  manner 
in  which  that  money  is  to  be  taken  out  and  spent.  Thus 
the  power  of  the  purse  is  given  outright  to  the  legislative 
department.  In  our  study  of  the  powers  of  government 
few  facts  have  greater  importance  than  this. 

The  Property  Tax. — A  very  large  part  of  the  money 
raised  by  taxation  is  collected  from  property  owners  who 
are  compelled  to  pay  the  tax  because  they  are  property 
owners.  The  rule  followed  in  laying  taxes  on  property 
is  this:  The  more  property  a  man  owns  the  greater  must 
be  his  share  of  the  tax. 

For  purposes  of  taxation  property  is  regarded  as  being 
of  two  kinds:  (1)  real  property,  which  includes  lands  and 
buildings  on  land,  and  (2)  personal  property,  which  in- 
cludes such  things  as  household  furniture,  money,  goods, 
bonds,  stocks,  mortgages,  jewels,  horses,  carriages,  and 
farming  implements. 

In  most  of  the  States  there  are  certain  kinds  of  prop- 
erty that  are  free  from  the  burden  of  taxation.  Thus, 
churches,  cemeteries,  schoolhouses,  free  libraries,  charitable 
institutions,  and  all  public  buildings,  are  exempt  from 
taxation.    Likewise,  in  many  States,  household  furniture 


214  TAXATION 

worth  no  more  than  two  or  three  hundred  dollars  is  not 
taxed. 
How  Each  Taxpayer's  Share  is  Determined. — ^A  tax 

collector  presents  to  your  father  a  tax  bill,  calling  for,  let 
us  say,  $33.50.  How  was  this  bill  made  out?  How  was 
it  determined  that  your  father  should  pay  to  the  support 
of  the  government  just  $33.50,  no  more,  no  less?  Let  us 
try  to  get  an  answer  to  this  question. 

Let  us  suppose  that  you  Hve  in  a  town,  and  that  it  is 
your  town  government  that  has  sent  the  bill.  The  first 
step  taken  is  to  determine  how  much  money  is  needed. 
It  is  found  that  the  town  needs 

For  its  schools,  police,  streets,  waterworks,  and  other  ex- 
penses of  Town  Government $40,000 

For  taxes  due  to  the  County  Government 6,000 

For  taxes  due  to  the  State  Government 4,000 

Total  amount  of  taxes  to  be  raised $50,000 

This  $50,000  must  be  paid  by  the  property  owners  of 
the  town.  In  order  to  distribute  the  burden  fairly,  one 
or  more  Assessors  visit  all  the  houses  and  places  of 
business  in  the  town,  and  place  upon  every  man's  prop- 
erty what  they  think  is  a  fair  valuation.  Thus  they 
find  that  A  has  a  house  worth  $3000  and  furniture  worth 
$500,  or  property  worth  in  all  $3500.  B  is  found  to  own  a 
factory  worth  $75,000  and  goods  worth  $25,000.  He  is, 
therefore,  assessed  at  $100,000.  C  owns  building  lots 
worth  $2000  and  horses  and  carriages  worth  $500.  C's 
property,  therefore,  is  put  down  on  the  Assessors'  list  at 
$2500.    D  owns  a  little  house  which  the  Assessor  thinks 


THE  PROPERTY  TAX  216 

is  worth  $400;  his  furniture  is  so  scanty  that  no  value  is 
put  upon  it,  and  it  escapes  taxation.  Your  father's  prop- 
erty, we  will  suppose,  is  placed  on  the  Assessors'  list  at 
$1675.  In  this  way  the  value  of  the  property  of  every 
taxpayer  in  town  is  estimated  by  the  Assessors  and  put 
upon  the  assessment  hst.  By  adding  together  the  fortunes 
of  A,  B,  C,  D,  etc.,  the  entire  value  of  all  the  property  in 
the  town  is  found.  Let  us  suppose  that  this  amounts  to 
$2,500,000.  You  remember  that  the  amount  to  be  raised 
by  taxation  is  $50,000.  Now  if  property  worth  $2,500,000 
must  pay  $50,000  in  taxes,  property  worth  one  dollar 
must  pay  two  cents  in  taxes.  Every  man  in  the  town, 
therefore,  must  pay  two  cents  in  taxes  for  every  dollar's 
worth  of  property  he  owns.  This  two  cents,  or  2%,  or  .02 
is  called  the  rate  of  taxation. 

A  will  pay     .     ,  $    3,500  X  .02     .     .  $    70.00  in  taxes, 
B  will  pay    .     .     100,000  X  .02    .     .     2000.00  in  taxes. 

You  now  see  why  your  father's  tax  bill  is  $33.50. 

The  Collection  of  Taxes. — ^After  the  tax  bills  are  made 
out,  the  Tax  Collector  collects  the  taxes  from  the  owners 
of  property  and  turns  it  over  to  the  treasury  of  the  town 
government.  The  Town  Treasurer  sends  to  the  County 
Treasurer  the  share  that  belongs  to  the  county,  and  to 
the  State  Treasurer  the  share  that  belongs  to  the  State, 
and  retains  what  is  left  for  the  expenses  of  the  town  gov« 
emment. 

When  a  man  refuses  or  neglects  to  pay  his  tax,  the 
law  will  compel  him  to  pay.  The  Tax  Collector  must 
collect  the  taxes,  even  if  he  is  obliged  to  sell  the  property 


216  TAXATION 


to  get  them.  When  land  is  sold  for  taxes,  the  owner  may 
regain  the  land  by  paying  to  the  purchaser  within  a  speci- 
fied time  the  amount  of  the  taxes  with  interest. 


QUESTIONS  AND  EXERCISES 

1.  When  a  property  owner  thinks  his  property  has  been  assessed  too 
high,  he  may  complain  to  the  Assessors,  and  if  these  officers  think  his 
complaint  is  just,  they  will  reduce  the  assessment.  Suppose  the  owner 
thinks  his  property  has  been  assessed  too  low;  should  he  go  to  the 
Assessors  and  request  them  to  make  the  assessment  larger?  If  a  man 
should  send  you  a  bill  for  three  dollars  when  you  know  you  owe  him 
five  dollars,  would  you  call  his  attention  to  the  mistake?  Should  we 
be  as  honest  with  the  government  as  we  are  with  our  neighbors? 

2.  How  is  the  money  for  the  support  of  your  school  raised?  Who  is 
the  largest  taxpayer  in  your  school  district?  Does  he  get  more  benefit 
from  the  government  than  any  other  man  in  the  district? 

3.  Name  some  of  the  returns  taxpayers  get  for  the  money  they  pay 
to  the  government. 

4.  Is  wheat  in  a  bam  real  property  or  personal  property? 

5.  What  is  the  tax  rate  in  your  town?  In  your  county?  In  your 
State? 

6.  Name  the  kinds  of  property  in  your  State  that  are  exempt  from 
taxation.     (Examine  your  State  constitution.) 


XXXVIII.    OTHER  TAXES 

"The  taxes  are  indeed  very  heavy,  and  if  those  laid  on  by  the  govern- 
ment were  the  only  ones  we  had  to  pay  we  might  more  easily  discharge 
them;  but  we  have  many  others.  We  are  taxed  twice  as  much  by  our 
idleness,  three  times  as  much  by  our  pride,  and  four  times  as  much 
by  our  folly." — Benjamin  Franklin. 

The  Income  Tax. — Besides  the  general  property  tax, 
there  are  several  other  kinds  of  taxes.  The  Na- 
tional Government  and  a  few  States  levy  an  income 
tax.  This  tax  is  laid  upon  a  man^s  salary,  or 
upon  his  business  profits,  without  reference  to  the 
amount  of  property  he  owns.  A  certain  rate 
is  determined  upon  by  the  government,  and  every 
man  must  pay  according  to  his  income.  If  the  rate  is  3%, 
and  a  man's  salary  or  the  profit  of  his  business  is  $3000, 
then  he  must  pay  $90  as  his  income  tax.  In  a  progressive 
or  graduated  income  tax  the  rate  grows  larger  with  the 
income.  Thus  the  rate  might  be  3%  for  all  incomes  under 
$5000;  4%  for  all  incomes  between  $5000  and  $10,000; 
5%  for  all  incomes  between  $10,000  and  $50,000;  8%  for 
incomes  between  $50,000  and  $100,000;  10%  for  all  in^ 
comes  over  $100,000.  Do  you  think  a  progressive  income 
tax  is  just?  If  a  man  with  an  income  of  $2000  a  year  has 
to  pay  a  tax  of  $60,  which  is  fairer  for  a  man  with  $20,000 
a  year  income— to  pay  $600  or  $1000? 

The  Inheritance  Tax  is  laid  on  property  which  a  person 
receives  as  an  inheritance  from  parents  or  other  relatives 

217 


218  TAXATION 

or  which  is  left  to  a  person  by  a  will.  Where  there  is  an 
inheritance  tax  children  or  relatives  must  pay  the  tax 
before  they  can  take  possession  of  the  property  left  them 
by  their  parents  or  other  kinsmen.  The  rate  of  the  in- 
heritance tax  is  often  progressive  or  graduated,  that  is, 
the  larger  the  inheritance  the  greater  the  rate  of  tax. 
The  rate  is  often  less  for  near  relatives  than  for  other 
people.  Inheritance  taxes  are  collected  by  the  National 
Government  and  in  three-fourths  of  the  States. 

Licenses ;  Fees. — ^A  license  is  a  privilege  granted  by  a 
government  permitting  one  to  engage  in  a  certain  occupa- 
tion or  to  perform  a  certain  act.  For  granting  a  license 
the  government  usually  charges  a  sum  of  money.  The  liquor 
license  permits  the  holder  to  sell  liquor;  the  merchant's 
license  permits  the  sale  of  goods;  the  marriage  license 
permits  the  marriage  of  the  couple  to  whom  it  is  granted. 
A  fee  is  a  small  sum  paid  to  an  officer  of  the  government 
for  the  performance  of  some  public  service.  Thus  if  you 
wish  to  get  a  deed  to  land  properly  recorded,  you  will 
have  to  pay  the  recording  officer  a  small  fee. 

Poll  Tax. — ^This  word  poll  means  head;  a  poll  tax, 
therefore,  is  a  tax  upon  the  man  and  not  upon  property. 
It  is  usually  a  small  sum.  A  male  citizen  above  the  age 
of  twenty-one  must  pay  this  tax,  although  he  has  no 
property  at  all.  Not  all  the  States  have  a  poll  tax,  but 
usually  where  there  is  such  a  tax,  it  must  be  paid  before 
the  citizen  is  allowed  to  vote.  The  poll  tax  is  not  popular 
in  the  United  States,  and  in  some  of  the  States  it  is  for- 
bidden entirely. 


OTHER  TAXES  219 

The  Franchise  Tax. — ^A  franchise  is  a  special  privilege 
given  by  government  to  a  person  or  to  a  body  of  persons. 
For  example,  the  right  to  use  the  streets  of  a  city  for  a 
railway  is  a  franchise;  the  right  to  lay  pipes  for  supplying 
a  city  with  gas  is  a  franchise.  Such  franchises  as  these 
are  sometimes  extremely  valuable.  For  example,  here  is 
a  street  railway  company  whose  cars  and  rails  and  wires 
and  power  houses  are  worth  a  million  dollars  but  whose 
franchise — ^the  right  to  use  the  streets — is  worth  two 
milhons  of  dollars.  In  some  States  such  a  company  would 
pay  two  taxes,  a  property  tax  on  the  power  houses,  cars, 
etc.,  and  a  franchise  tax  for  the  privilege  of  using  the 
streets. 

Duties  and  Excises. — ^The  taxes  thus  far  described, 
the  property  tax,  the  income  tax,  the  inheritance  tax, 
and  the  franchise  tax,  are  usually  collected  for  the  sup- 
port of  town,  city,  county,  and  State  governments.  But 
the  great  government  of  the  United  States  which  has  its 
seat  at  Washington  must  also  be  supported.  And  it  takes 
an  immense  sum  of  money  to  support  oiu*  National  Gov- 
ernment. The  salaries  of  several  hundred  thousand  offi- 
cials and  the  pensions  of  about  a  million  old  soldiers 
and  soldiers'  widows  must  be  paid;  costly  public  build- 
ings in  Washington  and  custom  houses  and  post  offices  in 
large  cities  must  be  built;  expensive  warships  and  forti- 
fications must  be  maintained;  an  army  and  a  navy  must 
be  supported.  To  do  all  this  requires  over  $800,000,000 
a  year.  In  order  to  raise  this  amount  Congress  orders 
the  collection  of  duties,  excises,  and  a  tax  on  incomes. 


220  TAXATION 

A  duty  is  a  tax  or  tariff  laid  upon  goods  that  are  im- 
ported into  this  country  from  foreign  countries.  This 
tax  is  paid  to  government  officers  by  the  merchant  who 
imports  the  goods.  But  the  merchant  does  not  bear  the 
burden  of  the  tax.  If  he  is  compelled  to  pay  a  duty  of  75 
cents  per  yard  upon  silk  which  he  imports  from  France, 
this  75  cents  is  added  to  the  first  cost.  If,  without  a  duty, 
he  could  sell  his  customers  French  silk  for  $1.50  per  yard 
at  a  profit  of  10%,  with  a  duty  of  75  cents,  he  sells  them  the 
silk  for  $2.32  per  yard.  It  is,  therefore,  the  customers 
who  pay  this  duty,  or  tax. 

Excises  are  taxes  paid  by  manufacturers  upon  goods 
made  in  this  country.  Thus  the  taxes  upon  hquors,  to- 
bacco, and  cigars  are  excises.  An  excise  tax,  like  a  duty, 
is  paid  by  one  person,  but  the  burden  is  usually  shifted 
to  another.  If  a  tobacco  manufacturer  is  compelled  to 
pay  a  tax  of  50  cents  upon  every  box  of  cigars  he  makes, 
he  counts  this  as  a  part  of  the  cost,  and  charges  his  cus- 
tomers accordingly.  A  "  special  excise  tax  "  is  levied  on 
the  earnings  of  corporations. 

Duties  and  excises  are  called  indirect  taxes,  because 
the  real  burden  of  these  taxes  does  not  fall  directly  upon 
the  people  who  pay  them,  but  indirectly  upon  some  one 
else.  Excises  and  duties  are  laid  upon  such  articles  as 
beer,  tobacco,  sugar,  tea,  coffee,  woolen  goods,  cotton 
goods,  leather,  iron,  tin,  etc.  From  this  we  see  that  every- 
body who  wears  clothes  and  consumes  food,  that  is,  the 
whole  population,  contributes  something  to  the  support 
of  the  National  Government. 


OTHER  TAXES  221 

The  national  income  tax  is  a  progressive  tax.  It  is  2% 
per  annum  on  the  amount  of  net  income  over  $3000  for 
individuals  and  over  $4000  for  husband  and  wife  living 
together.  An  additional  tax  of  1%  is  levied  on  incomes 
over  $20,000;  an  additional  tax  of  2%  on  incomes  over 
$40,000;  and  so  on,  the  rate  increasing  as  the  income 
grows  higher. 

Eminent  Domain. — Closelj^  related  to  the  govern- 
ment's right  of  taxation,  is  its  right  of  "  eminent  domain." 
By  this  is  meant  its  right  to  take  private  property  for 
public  uses.  If  the  government  wishes  to  use  your  house 
for  a  post  office,  or  if  it  desires  to  run  a  street  through 
your  garden,  or  a  road  through  your  field,  you  have  not 
the  power  to  prevent  it.  Yet  the  government  must  pay 
you  a  fair  price  for  your  property,  and  it  must  not  compel 
you  to  part  with  it  unless  it  can  be  shown  that  it  is  for 
the  pubhc  good  that  you  should  do  so. 

QUESTIONS  AND  EXERCISES 

1.  Do  all  citizens  have  to  pay  taxes?   Think  well  before  you  answer 
this  question. 

2.  What  kind  of  taxes  are  paid  without  those  who  pay  them  seem- 
ing to  know  it?    "What  kind  of  taxes  do  they  pay  most  cheerfully? 

3.  Has  taxation  ever  been  a  cause  of  war? 

4.  How  are  churches  supported? 
6.  How  are  duties  collected? 

6.  Is  a  poll  tax  a  just  tax?    Is  there  a  poll  tax  in  your  State? 

7.  What  is  meant  by  "smuggling"? 

8.  Is  an  income  tax  that  exempts  all  incomes  imder  $1000  just? 

9.  For  what  do  people  pay  taxes  most  cheerfully? 
10.  How  may  a  city  acquire  land  for  a  park? 


XXXIX.    PARTY  GOVERNMENT:  ORGANIZATION 
OF  POLITICAL  PARTIES 

"A  political  party  is  a  body  of  men  united  for  promoting  by  their 
joint  endeavors  the  national  interest  upon  some  particular  principle  in 
which  they  are  all  agreed.  Party  divisions,  whether  on  the  whole  op- 
erating for  good  or  evil,  are  things  inseparable  from  free  govern- 
ment."— Edmund  Burke, 

Introduction. — In  the  lesson  about  the  election  of  a 
President  it  was  said  that  no  one  can  hope  to  be  chosen  to 
that  high  office  unless  he  is  first  nominated  by  some  great 
political  party.  What  is  true  of  the  highest  officer  in  the 
land  is  also  true  for  the  most  part  of  the  lower  officers:  if 
a  man  wishes  to  be  elected  to  any  important  office  what- 
ever he  must  secure  his  election  through  a  party.  More- 
over, if  a  citizen  or  a  large  number  of  citizens  wish  certain 
laws  to  be  passed,  or  desire  the  government  to  do  certain 
things,  they  must  work  with  a  party  and  accomplish  their 
aims  through  the  aid  of  a  party.  So  the  political  party  is 
the  real  force  that  keeps  the  wheels  of  government  in  mo- 
tion. Since  our  government  is  thus  a  party  government  it 
is  almost  as  important  to  understand  the  nature  and  work- 
ings of  political  parties  as  it  is  to  understand  the  nature 
and  vvorkings  of  government  itself. 

The  Organization  of  Political  Parties.— The  chief  aim 
of  a  political  party  is  to  secure  control  of  the  government, 
and  the  chief  work  of  the  party  is  to  win,  or  to  try  to  win, 

222 


ORGANIZATION  OF  POLITICAL  PARTIES  223 

elections.  In  order  to  carry  an  election  the  party  is  thor- 
oughly organized.  A  great  political  party  is  a  mighty 
organization  consisting  of  a  vast  army  of  workers  each  of 
whom  has  a  particular  task  to  perform.  The  main  features 
of  the  machinery  of  a  party  are  (1)  the  permanent  organ- 
ization; (2)  the  primary  meeting,  and  (3)  the  nominating 
conventions. 

(1)  The  Permanent  Organization. — The  permanent  or- 
ganization of  a  party  consists  of  a  series  of  regularly  chosen 
committees.  At  the  bottom  of  the  series  is  the  local  com- 
mittee which  is  found  in  almost  every  township,  village, 
and  city  ward.  Above  the  local  committee  is  the  county 
or  city  committee.  Next  in  the  scale  is  the  State  com- 
mittee, while  at  the  top  of  the  series  is  the  great  National 
committee  consisting  of  one  member  from  each  State  and 
Territory.  Each  committee  attends  to  the  affairs  of  the 
party  within  the  boundaries  of  a  particular  civil  or  poHti- 
cal  division,  the  township  committee  working  within  the 
township,  the  ward  committee  within  the  ward,  the  county 
committee  within  the  county,  and  so  on. 

These  permanent  committees  support  the  life  of  the 
party  from  one  election  to  the  next.  They  bear  the  bur- 
den and  heat  of  the  day  in  party  service.  They  issue  calls 
for  primary  meetings  and  the  nominating  conventions. 
"They  organize  political  clubs;  they  arrange  for  political 
mass  meetings  and  processions;  they  raise  funds  for  con- 
ducting campaigns;  they  urge  voters  to  be  registered 
and  then  urge  them  to  come  to  the  polls;  in  many  other 
ways  they  promote  and  defend  the  interests  of  the  party, 


PARTY  GOVERNMENT 


through  good  and  ill  report,  after  defeat  as  well  as  after 


success." 


(2)  The  Primary  or  Caucus, — ^The  Primary,  or  Caucus, 
is  a  regular  meeting  of  the  voters.  The  meeting  is  usually 
called  together  by  a  permanent  committee.  The  work  of 
the  primary  consists  in  electing  members  of  the  local  per- 
manent committee,  in  choosing  candidates  for  office,  and 
in  attending  to  other  party  affairs.  Sometimes  the  pri- 
mary is  a  real  folkmoot;  the  voters  assemble  in  a  room  or 
in  a  hall  and  engage  personally  in  the  management  of  party 
affairs,  discussing  questions  as  well  as  voting  upon  ques- 
tions. Often,  however,  the  primary  is  simply  a  party  elec- 
tion at  which  men  and  measures  are  voted  upon  in  almost 
the  same  manner  as  they  are  at  a  regular  election  (p.  50). 
In  many  States  primary  elections  are  regulated  by  law  and 
must  be  conducted  without  any  fraud  or  violence. 

It  is  at  the  primary  that  the  voter  is  brought  close  to 
his  party.  Here  his  voice  and  his  vote  are  direct.  What 
voters  do  at  the  primary  is  felt  throughout  the  entire  party 
organization.  If  voters,  therefore,  desire  to  keep  control 
of  their  party  and  make  it  do  their  will  they  must  first 
attend  the  primary  and  make  it  do  their  will. 

(3)  Nominating  Conventions. — ^You  learned  that  a  can- 
didate for  President  is  nominated  by  a  great  convention 
which  is  the  highest  of  a  series  of  conventions.  Candi- 
dates for  offices  lower  than  the  presidency  are  also  fre- 
quently nominated  by  conventions.  Candidates  for  the 
lowest  local  offices  are  generally  nominated  directly  at  the 
primary,  but  in  many  of  the  States  nominations  for  the 


ORGANIZATION  OF  POLITICAL  PARTIES  225 

higher  places  are  made  by  conventions  composed  of  party 
representatives  or  delegates.  Thus  if  a  party  wishes  to 
nominate  a  candidate  for  a  county  office,  as,  for  example, 
a  candidate  for  sheriff,  the  voters  at  primary  meetings 
throughout  the  county  choose  delegates  to  a  county 
convention  and  this  nominates  the  candidate  for  sheriff. 
When  a  candidate  for  a  State  office,  as,  for  example,  a 
candidate  for  Governor,  is  to  be  nominated,  a  series  of  con- 
ventions may  be  necessary :  The  primaries  send  delegates 
to  a  county  (or  city)  convention;  the  county  and  city 
conventions  throughout  the  State  send  delegates  to  a  State 
convention ;  and  this  nominates  the  candidate  for  Governor. 
Observe  that  in  all  cases  where  candidates  are  nominated 
by  conventions  the  voters  have  no  direct  voice  in  the 
choice  of  candidates. 

Nomination  of  Candidates  by  a  Direct  Primary  Vote. 
— For  a  long  time  parties  in  all  the  States  followed  the 
custom  of  nominating  candidates  by  the  convention  plan 
as  described  above.  But  in  many  States  the  plan  did  not 
work  well.  It  was  found  that  the  nominating  convention 
fell  into  the  hands  of  men  who  cared  more  for  their  own 
interests  than  they  did  for  the  welfare  of  the  public, 
and  unworthy  candidates  were  nominated.  So  in  many 
of  the  States  candidates  are  no  longer  nominated  by  con- 
vention but  by  a  direct  primary  vote.  In  these  States 
when  a  party  wishes  to  nominate  a  candidate  for  sheriff, 
for  example,  the  voters  of  the  party  vote  for  the  candidate 
of  their  choice  at  primary  elections  held  throughout  the 
county,  and  the  candidate  who  wins  at  the  primaries  be- 


226  PARTY  GOVERNMENT 

comes  the  regular  party  candidate.  If  a  candidate  for 
Governor  is  to  be  chosen  the  voters  of  the  party  through- 
out  the  State  express  their  choice  of  candidates  at  pri- 
maries, and  the  candidate  successful  at  the  primaries  is 
regarded  as  the  regular  party  candidate  for  Governor. 
Observe  that  where  the  convention  plan  is  done  away  with 
and  the  direct  primary  plan  is  adopted  the  voters  have  a 
direct  voice  in  the  choice  of  party  candidates.*  In  some 
States  the  voters  are  given  opportunity  to  express  their 
preference  in  respect  to  presidential  candidates,  and  thus  to 
direct  the  action  of  delegates  in  the  national  party  con- 
vention. 

QUESTIONS  AND  EXERCISES 

1.  About  how  many  party  workers  are  there  on  all  the  permanent 
committees  of  each  of  the  great  parties  in  your  State?  About  how 
many  in  the  United  States  ?  (When  estimating  the  number  of  workers 
in  your  State  it  would  be  well  to  consult  with  some  one  engaged  in  prac- 
tical politics.  For  the  number  in  the  United  States  make  a  calculation 
based  on  population.) 

2.  Name  four  political  parties.  Name  some  of  the  leaders  of  each 
of  these  parties. 

3.  Are  nominations  in  this  State  made  by  a  direct  primary  vote  or 
by  conventions  ? 

4.  Which  v/ould  you  favor,  nominations  by  convention  or  nomina- 
tions by  a  direct  primary  vote  ? 

5.  Name  the  leading  politicians  of  your  State. 

6.  Which  party  in  your  State  was  victorious  at  the  last  election  for 
Governor?  How  many  votes  did  this  party  receive?  How  many 
votes  were  cast  at  that  election  for  each  of  the  other  political  parties  ? 

*  For  a  full  account  of  direct  nominations  see  "  Primary  Elections," 
by  C.  Edward  Merriam, 


XL.     PARTY  GOVERNMENT:  THE  CITIZEN  AND 
HIS  PARTY 

"  If  a  party  supporter  finds  that  his  party  is  becoming  committed  to 
a  policy  which  he  believes  will  work  serious  injury  to  the  State,  fidel- 
ity to  his  party  as  well  as  to  the  State  will  require  him  to  seek  to 
change  the  course  of  his  party.  If  this  can  best  be  done  by  voting 
against  his  party,  faithfulness  to  true  party  interest  may  lead  him  to  so 
act.  If  the  party  nominates  a  candidate  whose  election  the  voter  be- 
lieves will  be  a  source  of  weakness  or  injury  to  the  State,  then  his  duty 
to  his  party  as  well  as  duty  to  the  State  should  impel  him  to  seek  to 
defeat  such  candidate." — Jesse  Macy. 

The  Choice  of  a  Party. — Since  our  government  is  con- 
trolled by  political  parties,  it  is  through  the  party  that 
the  citizen  reaches  his  government  and  exerts  his  influence 
upon  it.  Every  young  man,  therefore,  upon  coming  of 
age  is  called  upon  to  vote  with  one  of  the  political  parties. 
Of  course  he  will  wish  to  vote  for  the  best  party.  How 
shall  he  decide  which  is  the  best?  He  will  look  over  the 
field  carefully  and  will  choose  the  party  that  he  thinks 
will  serve  his  country  the  best.  He  will  not  in  an  idle 
fashion  merely  drift  into  a  party.  Nor  will  he  vote  for  a 
certain  party  simply  because  his  father  or  his  set  votes  for 
it,  or  because  he  hopes  to  secure  an  ofl^ce  at  its  hands. 
The  young  citizen  should  not  enter  a  party  blindfolded. 
He  should  make  a  careful  study  of  the  history  and  prin- 
ciples of  all  the  great  political  parties  and  learn  what  each 
has  already  done  for  the  country,  and  what  each  proposes 

227 


228  PARTY  GOVERNMENT 

to  do,  and  then  make  his  choice.  The  principles  of  a  party 
may  be  found  stated  in  its  platform.  A  careful  study  of 
the  platforms  of  the  several  parties  would  be  a  great  as- 
sistance to  a  young  man  trying  to  select  the  best  party. 

True  Leaders  and  False  Leaders. — ^After  the  young 
citizen  has  chosen  his  party  he  will  then  be  called  upon  to 
make  a  choice  of  party  leaders,  for  a  party  must  have 
leaders.  These  party  leaders  are  the  real  political  repre- 
sentatives of  the  voter.  Into  their  hands  the  citizen  sur- 
renders the  power  of  his  vote.  If  the  party  is  defeated, 
that  is  the  end  of  the  matter  for  the  time  being;  but  if  it 
is  victorious  the  leaders  will  wield  the  power  of  govern- 
ment. So  one  of  the  very  first  things  the  citizen  has  to  do 
is  to  make  a  wise  choice  of  party  leaders. 

We  have  always  before  us  two  kinds  of  leaders  beckon- 
ing for  our  votes,  true  leaders  and  false  leaders.  The  true 
leader  wishes  us  to  give  him  power  in  order  that  he  may 
use  it  to  advance  the  interests  of  the  public.  A  leader  of 
this  kind  is  a  statesman,  for  he  works  for  the  interest  of 
the  State,  that  is,  for  the  interest  of  all  the  people.  The 
statesman  regards  his  office  as  a  sacred  trust,  and  he  would 
scorn  to  use  it  for  selfish  purposes. 

Statesmen  are  the  life  and  strength  of  a  nation.  It  was 
the  statesmen  of  the  past  that  gave  us  the  great  and 
glorious  country  we  have.  If  I  should  ask  you  who  they 
were,  the  names  of  men  like  Washington  and  Jefferson  and 
Webster  and  Lincoln  would  leap  from  your  Hps.  You 
can  name  the  statesmen  of  the  past,  but  can  you  name 
the  true  statesmen  of  to-day?    You  must  be  able  to  do 


THE  CITIZEN  AND  HIS  PARTY  229 

this  if  you  wish  to  vote  right.  If  you  wish  to  keep  your 
country  great  and  glorious  you  must  be  able  to  select  true 
leaders. 

And  you  must  also  be  able  to  detect  false  leaders  when 
they  come  before  you  asking  for  your  vote.  The  false 
leader  is  the  demagogue.  He  comes  before  the  people  with 
flattery  on  his  tongue.  A  statesman  will  scold  the  people 
if  they  need  scolding,  but  the  demagogue,  in  order  to  get 
their  votes,  praises  them  to  the  skies.  In  olden  times  the 
courtier  gained  power  by  flattering  the  king.  In  a  de- 
mocracy the  demagogue  tries  to  gain  power  by  flattering 
the  people.  He  appeals  to  the  prejudices  and  passions  and 
not  to  reason.  The  statesman  appeals  to  the  judgment  of 
voters  and  tries  to  enlighten  their  minds  with  knowledge, 
but  the  demagogue  throws  dust  into  their  eyes  and  bhnds 
them.  The  demagogue  is  as  rich  in  promises  as  he  is  in 
praise.  He  professes  to  be  able  to  do  wonderful  things  for 
the  people.  What  do  the  people  desire?  Do  they  want 
plenty  of  money  and  nothing  to  do?  Elect  him  to  office 
and  he  will  give  them  riches  and  leisure.  Do  the  people 
want  the  rivers  to  flow  with  milk  and  honey?  Choose  him 
as  their  leader  and  he  will  bring  this  to  pass. 

The  purpose  of  the  demagogue  is  plain  enough.  He 
flatters  and  deceives  and  lies  in  order  to  advance  his  pri- 
vate interests.  For  the  public  welfare  he  may  not  care  a 
rap.  He  is  bent  on  winning  fame  or  fortune  or  power  for 
himself  and  in  order  to  get  these  he  would  lead  the  people 
anywhere,  even  to  destruction. 

Study  the  ways  of  the  demagogue  so  that  you  may  be 


230  PARTY  GOVERNMENT 

able  to  look  behind  his  mask  and  expose  him.  But  do  not 
think  that  this  is  easy  to  do.  The  demagogue  is  rich  in  his 
resources,  his  disguises  are  numerous,  and  he  will  some- 
times deceive  the  best  of  us.  But  we  must  learn  to  know 
him  and  must  keep  him  down,  for  he  is  perhaps  the  greatest 
enemy  with  which  democracy  has  to  deal. 

Loyalty  to  Party. — ^Although  the  citizen  may  have  chosen 
his  party  with  the  greatest  care  he  may  one  day  find 
that  he  no  longer  feels  at  home  in  his  party.  Its  principles 
may  be  changed  or  his  views  may  be  changed.  The  party 
may  stand  for  things  he  does  not  believe  in  or  it  may  ask 
him  to  vote  for  unworthy  candidates.  Indeed  it  may  seem 
to  him  that  the  party  is  going  against  the  best  interests  of 
the  country.  Now  if  a  man's  party  is  going  wrong  and 
there  is  another  party  that  seems  to  be  going  right,  what 
should  the  man  do?  The  question  answers  itself:  he  should 
leave  his  party.  This  is  sometimes  not  easy  to  do.  A  man 
who  has  voted  for  and  worked  with  a  political  party  for 
some  years  becomes  attached  to  it  and  finds  it  difficult  to 
vote  for  another  party.  Besides,  if  he  leaves  his  party  he 
is  pretty  sure  to  offend  his  party  associates,  who  call  him 
traitor  or  turncoat  or  mugwump,  or  some  other  harsh 
name. 

Nevertheless  there  are  times  when  it  is  the  duty  of  a 
good  citizen  to  vote  against  his  party.  When  a  man  be- 
heves  the  principles  of  his  party  are  no  longer  good  for  his 
country,  or  when  he  is  asked  by  his  party  to  vote  for  dis- 
honest or  dangerous  or  grossly  incompetent  men,  it  is  his 
plain  duty  to  leave  his  party.    When  he  is  asked  to  de- 


THE  CITIZEN  AND  HIS  PARTY  231 

cide  between  the  interests  of  his  party  and  the  interests 
of  his  country,  he  will  of  course  decide  for  his  country. 
In  times  of  war  a  man's  love  for  his  country  is  tested  by 
his  willingness  to  fight  for  it  and  die  for  it,  but  in  times  of 
peace  his  patriotism  is  tested  by  his  willingness  to  vote 
right,  whatever  may  be  his  interests  or  prejudices,  or  party 
ties. 

QUESTIONS  AND  EXERCISES 

1.  Compare  the  last  Democratic  national  platform  with  the  last 
Republican  national  platform,  and  point  out  the  chief  differences  in  the 
principles  of  the  two  parties. 

2.  What  is  the  difference  between  a  "boss"  and  a  "leader"? 

3.  Point  out  a  few  of  the  benefits  an  honest  politician  can  confer 
upon  the  people. 

4.  Is  it  always  desirable  that  a  man  vote  the  same  ticket  at  all  elec- 
tions, local,  State,  and  National? 

5.  Recite  the  duties  of  the  voter  as  they  are  stated  on  page  59. 

6.  When  you  shall  become  qualified  do  you  intend  to  vote?  What 
personal  advantage  will  you  reap  from  voting?  What  loss  will  it  be 
to  your  fellow  men  if  when  you  shall  come  of  age,  you  do  not  vote? 


CONSTITUTION  OF  THE  UNITED  STATES  — 1787  ^ 


We  the  people  of  the  United  States,  in  order  to  form  a  more  perfect 
union,  establish  justice,  insure  domestic  tranquillity,  provide  for  the  com- 
mon defense,  promote  the  general  welfare,  and  secure  the  blessings  of 
liberty  to  ourselves  and  our  posterity,  do  ordain  and  establish  this  Con- 
stitution for  the  United  States  of  America. 

ARTICLE   I 

Section  1.  All  legislative  powers  herein  granted  shall  be  vested  in 
a  Congress  of  the  United  States,  which  shall  consist  of  a  Senate  and 
House  of  Representatives. 

Section  2.  1  The  House  of  Representatives  shall  be  composed  of 
members  chosen  every  second  year  by  the  people  of  the  several  States, 
and  the  electors  in  each  State  shall  have  the  qualifications  requisite  for 
electors  of  the  most  numerous  branch  of  the  State  legislature. 

2  No  person  shall  be  a  representative  who  shall  not  have  attained  to 
the  age  of  twenty-five  years,  and  been  seven  years  a  citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of  that  State  in 
which  he  shall  be  chosen. 

3  Representatives  and  direct  taxes  shall  be  apportioned  among  the 
several  States  which  may  be  included  within  this  Union,  according  to 
their  respective  numbers,  which  shall  be  determined  by  adding  to  the 
whole  number  of  free  persons,  including  those  bound  to  service  for  a  term 
of  years,  and  excluding  Indians  not  taxed,  three  fifths  of  all  other  per- 
sons.2  The  actual  enumeration  shall  be  made  within  three  years  after 
the  first  meeting  of  the  Congress  of  the  United  States,  and  within  every 
subsequent  term  of  ten  years,  in  such  manner  as  they  shall  by  law  direct. 
The  number  of  representatives  shall  not  exceed  one  for  every  thirty 
thousand,  but  each  State  shall  have  at  least  one  representative  ;  and  until 
such  enumeration  shall  be  made,  the  State  of  New  Hampshire  shall  be 
ent'itled  to  choose  three,  Massachusetts  eight,  Rhode  Island  and  Provi- 
dence plantations  one,  Connecticut  five,  New  York  six,  New  Jersey  four, 

^  This  reprint  of  the  Constitution  exactly  follows  the  text  of  that  in  the 
Department  of  State  at  Washington,  save  in  the  spelling  of  a  few  words. 
2  Partly  superseded  by  the  14th  Amendment.     (See  p.  246.) 

232 


CONSTITUTION  OF  THE  UNITED  STATES  233 

Pennsylvania  eight,  Delaware  one,  Maryland  six,  Virginia  ten,  North 
Carolina  five.  South  Carolina  five,  and  Georgia  three. 

4  When  vacancies  happen  in  the  representation  from  any  State,  the 
executive  authority  thereof  shall  issue  writs  of  election  to  fill  such 
vacancies. 

5  The  House  of  Representatives  shall  choose  their  speaker  and  other 
officers,  and  shall  have  the  sole  power  of  impeachment. 

Section  3.  1  The  Senate  of  the  United  States  shall  be  composed  of 
two  senators  from  each  State,  chosen  by  the  legislature  thereof  for  six 
years  ;  and  each  senator  shall  have  one  vote.i 

2  Immediately  after  they  shall  be  assembled  in  consequence  of  the 
first  election,  they  shall  be  divided  as  equally  as  may  be  into  three 
classes.  The  seats  of  the  senators  of  the  first  class  shall  be  vacated  at 
the  expiration  of  the  second  year,  of  the  second  class  at  the  expiration  of 
the  fourth  year,  and  of  the  third  class  at  the  expiration  of  the  sixth  year, 
so  that  one  third  may  be  chosen  every  second  year ;  and  if  vacancies 
happen  by  resignation,  or  otherwise,  during  the  recess  of  the  legislature 
of  any  State,  the  executive  thereof  may  make  temporary  appointments 
until  the  next  meeting  of  the  legislature,  which  shall  then  fill  such 
vacancies.^ 

3  No  person  shall  be  a  sen8,tor  who  shall  not  have  attained  to  the  age 
of  thirty  years,  and  been  nine  5'ears  a  citizen  of  the  United  States,  and 
who  shall  not,  when  elected,  be  an  inhabitant  of  that  State  for  which  he 
shall  be  chosen. 

4  The  Vice  President  of  the  United  States  shall  be  President  of  the 
Senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 

5  The  Senate  shall  choose  their  other  officers,  and  also  a  president  pro 
tempore^  in  the  absence  of  the  Vice  President,  or  when  he  shall  exercise 
the  office  of  President  of  the  United  States. 

6  The  Senate  shall  have  the  sole  power  to  try  all  impeachments. 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation. 
When  the  President  of  the  United  States  is  tried,  the  chief  justice  shall 
preside :  and  no  person  shall  be  convicted  without  the  concurrence  of  two 
thirds  of  the  members  present. 

7  Judgment  in  cases  of  impeachment  shall  not  extend  further  than  to 
removal  from  office,  and  disqualification  to  hold  and  enjoy  any  office  of 
honor,  trust  or  profit  under  the  United  States :  but  the  party  convicted 
shall  nevertheless  be  liable  and  subject  to  indictment,  trial,  judgment  and 
punishment,  according  to  law. 

Section  4.     1  The  times,  places,  and  manner  of  holding  elections  for 

^  Partly  superseded  by  Seventeenth  Amendment. 


234  CONSTITUTION  OF  THE  UNITED  STATES 

senators  and  representatives,  shall  be  prescribed  in  each  State  by  the 
legislature  thereof ;  but  the  Congress  may  at  any  time  by  law  make  or 
alter  such  regulations,  except  as  to  the  places  of  choosing  senators. 

2  The  Congress  shall  assemble  at  least  once  in  every  year,  and  such 
meeting  shall  be  on  the  first  Monday  in  December,  unless  they  shall  by 
law  appoint  a  different  day. 

Section  5.  1  Each  House  shall  be  the  judge  of  the  elections,  returns 
and  qualifications  of  its  own  members,  and  a  majority  of  each  shall  con-^ 
stitute  a  quorum  to  do  business  ;  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  may  be  authorized  to  compel  the  attendance  of  absent 
members,  in  such  manner,  and  under  such  penalties  as  each  House  may 
provide. 

2  Each  House  may  determine  the  rules  of  its  proceedings,  jjunish  its 
members  for  disorderly  behavior,  and,  with  the  concurrence  of  two  thirds, 
expel  a  member. 

3  Each  House  shall  keep  a  journal  of  its  proceedings,  and  from  time 
to  time  publish  the  same,  excepting  such  parts  as  may  in  their  judgment 
require  secrecy;  and  the  yeas  and  nays  of  the  members  of  either  House 
on  any  question  shall,  at  the  desire  of  one  fifth  of  those  present,  be 
entered  on  the  journal. 

4  Neither  House,  during  the  session  of  Congress,  shall,  without  the 
consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other 
place  than  that  in  which  the  two  Houses  shall  be  sitting. 

Section  6.  1  The  senators  and  representatives  shall  receive  a  com- 
pensation for  their  services,  to  be  ascertained  by  law,  and  paid  out  of  the 
Treasury  of  the  United  States.  They  shall  in  all  cases,  except  treason, 
felony  and  breach  of  the  peace,  be  privileged  from  arrest  during  their 
attendance  at  the  session  of  their  respective  Houses,  and  in  going  to  and 
returning  from  the  same ;  and  for  any  speech  or  debate  in  either  House, 
they  shall  not  be  questioned  in  any  other  place. 

2  No  senator  or  representative  shall,  during  the  time  for  which  he 
was  elected,  be  appointed  to  any  civil  office  under  the  authority  of  the 
United  States,  which  shall  have  been  created,  or  the  emoluments  whereof 
shall  have  been  increased  during  such  time  ;  and  no  person  holding  any 
office  under  the  United  States  shall  be  a  member  of  either  House  during 
his  continuance  in  office. 

Section  7.  1  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives ;  but  the  Senate  may  propose  or  concur  with 
amendments  as  on  other  bills. 

2  Every  bill  which  shall  have  passed  the  House  of  Representatives  and 
the  Senate,  shall,  before  it  become  a  law,  be  presented  to  the  President 
of  the  United  States ;  if  he  approve  he  shall  sign  it,  but  if  not  he  shall 


CONSTITUTION  OP  THE  UNITED  STATES  236 

return  it,  with  his  objections  to  that  Hoose  in  which  it  shall  have  origi- 
nated, who  shall  enter  the  objections  at  large  on  their  journal,  and  proceed 
to  reconsider  it.  If  after  such  reconsideration  two  thirds  of  that  House 
shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  objections, 
to  the  other  House,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  two  thirds  of  that  House,  it  shall  become  a  law.  But  in  all 
such  cases  the  votes  of  both  Houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  persons  voting  for  and  against  the  bill  shall  be  en- 
tered on  the  journal  of  each  House  respectively.  If  any  bill  shall  not  be 
returned  by  the  President  within  ten  days  (Sundays  excepted)  after  it 
shall  have  been  presented  to  him,  the  same  shall  be  a  law,  in  like  manner 
as  if  he  had  signed  it,  unless  the  Congress  by  their  adjournment  prevent 
its  return,  in  which  case  it  shall  not  be  a  law. 

3  Every  order,  resolution,  or  vote  to  which  the  concurrence  of  the 
Senate  and  House  of  Representatives  may  be  necessary  (except  on  a  ques- 
tion of  adjournment)  shall  be  presented  to  the  President  of  the  United 
States ;  and  before  the  same  shall  take  effect,  shall  be  approved  by  him, 
or  being  disapproved  by  him,  shall  be  repassed  by  two  thirds  of  the  Senate 
and  House  of  Representatives,  according  to  the  rules  and  limitations  pre- 
scribed in  the  case  of  a  bill. 

Section  8.  1  The  Congress  shall  have  power  to  lay  and  collect 
taxes,  duties,  imposts  and  excises,  to  pay  the  debts  and  provide  for  the 
common  defense  and  general  welfare  of  the  United  States  ;  but  all  duties, 
imposts  and  excises  shall  be  uniform  throughout  the  United  States ; 

2  To  borrow  money  on  the  credit  of  the  United  States ; 

3  To  regulate  commerce  with  foreign  nations,  and  among  the  several 
States,  and  with  the  Indian  tribes ; 

4  To  establish  an  uniform  rule  of  naturalization,  and  uniform  laws  on 
the  subject  of  bankruptcies  throughout  the  United  States ; 

6  To  coin  money,  regulate  the  value  thereof,  and  of  foreign  coin,  and 
fix  the  standard  of  weights  and  measures ; 

6  To  provide  for  the  punishment  of  counterfeiting  the  securities  and 
current  coin  of  the  United  States ; 

7  To  establish  post  offices  and  post  roads ; 

8  To  promote  the  progress  of  science  and  useful  arts  by  securing  for 
limited  times  to  authors  and  inventors  the  exclusive  right  to  their  respec- 
tive writings  and  discoveries ; 

9  To  constitute  tribunals  inferior  to  the  Supreme  Court ; 

10  To  define  and  punish  piracies  and  felonies  committed  on  the  high 
seas,  and  offenses  against  the  law  of  nations ; 

11  To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make 
rales  concerning  captures  on  land  and  water ; 


236  CONSTITUTION  OF  THE   UNITED   STATES 

12  To  raise  and  support  armies,  but  no  appropriation  of  money  to  tha* 
use  shall  be  for  a  longer  term  than  two  years ; 

13  To  provide  and  maintain  a  navy  ; 

14  To  make  rules  for  the  government  and  regulation  of  the  land  and 
naval  forces ; 

15  To  provide  for  calling  forth  the  militia  to  execute  the  laws  of  the 
Union,  suppress  insurrections  and  repel  invasions ; 

16  To  provide  for  organizing,  arming,  and  disciplining  the  militia,  and 
for  governing  such  part  of  them  as  may  be  employed  in  the  service  of  the 
United  States,  reserving  to  the  States  respectively  the  appointment  of  the 
ofiQcers,  and  the  authority  of  training  the  militia  according  to  the  disci- 
pline prescribed  by  Congress ; 

17  To  exercise  exclusive  legislation  in  all  cases  whatsoever,  over  such 
district  (not  exceeding  ten  miles  square)  as  may,  by  cession  of  particular 
States  and  the  acceptance  of  Congress,  become  the  seat  of  the  government 
of  the  United  States, ^  and  to  exercise  like  authority  over  all  places  pur- 
chased by  the  consent  of  the  legislature  of  the  State  in  which  the  same 
shall  be,  for  the  erection  of  forts,  magazines,  arsenals,  dockyards,  and 
other  needful  buildings  ;  and 

18  To  make  all  laws  which  shall  be  necessary  and  proper  for  carrying 
into  execution  the  foregoing  powers,  and  all  other  powers  vested  by  this 
Constitution  in  the  government  of  the  United  States,  or  in  any  department 
or  officer  thereof. 

Section  9.  1  The  migration  or  importation  of  such  persons  as  any 
of  the  States  now  existing  shall  think  proper  to  admit,  shall  not  be  pro- 
hibited by  the  Congress  prior  to  the  year  one  thousand  eight  hundred  and 
eight,  but  a  tax  or  duty  may  be  imposed  on  such  importation,  not  exceed- 
ing ten  dollars  for  each  person. 

2  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  when  in  cases  of  rebellion  or  invasion  the  public  safety  may  require 
it. 

3  No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

4  No  capitation,  or  other  direct,  tax  shall  be  laid,  unless  in  proportion 
to  the  census  or  enumeration  hereinbefore  directed  to  be  taken. 

5  No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  State. 

6  No  preference  shall  be  given  by  any  regulation  of  commerce  or  reve- 
nue to  the  ports  of  one  State  over  those  of  another:  nor  shall  vessels 
bound  to,  or  from,  one  State  be  obliged  to  enter,  clear,  or  pay  duties  in 
another. 

1  The  District  of  Columbia,  which  comes  under  these  regulations,  had  not 
then  been  erected. 


CONSTITUTION  OF  THE  UNITED  STATES  237 

7  No  money  shall  be  drawn  from  the  treasury,  but  in  consequence  ot 
appropriations  made  by  law  ;  and  a  regular  statement  and  account  of  the 
receipts  and  expenditures  of  all  public  money  shall  be  published  from  time 
to  time. 

8  No  title  of  nobility  shall  be  granted  by  the  United  States :  and  no 
person  holding  any  ofiQce  of  profit  or  trust  under  them,  shall,  without  the 
consent  of  the  Congress,  accept  of  any  present,  emolument,  office,  or  title, 
of  any  kind  whatever,  from  any  king,  prince,  or  foreign  State. 

Section  10.  1  No  State  shall  enter  into  any  treaty,  alliance,  or  con- 
federation ;  grant  letters  of  marque  and  reprisal ;  coin  money  ;  emit  bills 
of  credit ;  make  anything  but  gold  and  silver  coin  a  tender  in  payment  of 
debts  ;  pass  any  bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the 
obligation  of  contracts,  or  grant  any  title  of  nobility. 

2  No  State  shall,  without  the  consent  of  the  Congress,  lay  any  imposts 
or  duties  on  imports  or  exports,  except  what  may  be  absolutely  necessary 
for  executing  its  inspection  laws :  and  the  net  produce  of  all  duties  and 
imposts  laid  by  any  State  on  imports  or  exports,  shall  be  for  the  use  of 
the  treasury  of  the  United  States  ;  and  all  such  laws  shall  be  subject  to 
the  revision  and  control  of  the  Congress. 

3  No  State  shall,  without  the  consent  of  Congress,  lay  any  duty  of 
tonnage,  keep  troops,  or  ships  of  war  in  time  of  peace,  enter  into  any 
agreement  or  compact  with  another  State,  or  with  a  foreign  power,  or 
engage  in  war,  unless  actually  invaded,  or  in  such  imminent  danger  as 
will  not  admit  of  delay. 

ARTICLE  II 

Section  1.  1  The  executive  power  shall  be  vested  in  a  President  of 
the  United  States  of  America.  He  shall  hold  his  office  during  the  term  of 
four  years,  and,  together  with  the  Vice  President,  chosen  for  the  same 
term,  be  elected,  as  follows 

2  Each  State  shall  appoint,  in  such  manner  as  the  legislature  thereof 
may  direct,  a  number  of  electors,  equal  to  the  whole  number  of  senators 
and  representatives  to  which  the  State  may  be  entitled  in  the  Congress : 
but  no  senator  or  representative,  or  person  holding  an  office  of  trust  or 
profit  under  the  United  States,  shall  be  appointed  an  elector. 

1  The  electors  shall  meet  in  their  respective  States,  and  vote  by  ballot 
for  two  persons,  of  whom  one  at  least  shall  not  be  an  inhabitant  of  the 
same  State  with  themselves.  And  they  shall  make  a  list  of  all  the  per- 
sons voted  for,  and  of  the  number  of  votes  for  each  ;  which  list  they  shall 
sign  and  certify,  and  transmit  sealed  to  the  seat  of  the  government  of  the 

» The  following  paragraph  was  in  force  only  from  1788  to  1803, 


238  CONSTITUTION  OF  THE  UNITED  STATES 

United  States,  directed  to  the  president  of  the  Senate.  The  president  of  the 
Senate  shall,  in  the  presence  of  the  Senate  and  House  of  Representatives, 
open  all  the  certificates,  and  the  votes  shall  then  be  counted.  The  person 
having  the  greatest  number  of  votes  shall  be  the  President,  if  such  number 
be  a  majority  of  the  whole  number  of  electors  appointed  ;  and  if  there  be 
more  than  one  who  have  such  majority,  and  have  an  equal  number  of 
votes,  then  the  House  of  Representatives  shall  immediately  choose  by 
ballot  one  of  them  for  President ;  and  if  no  person  have  a  majority,  then 
from  the  five  highest  on  the  list  the  said  house  shall  in  like  manner  choose 
the  President.  But  in  choosing  the  President,  the  votes  shall  be  taken 
by  States,  the  representation  from  each  State  having  one  vote  ;  a  quorum 
for  this  purpose  shall  consist  of  a  member  or  members  from  two  thirds  of 
the  States,  and  a  majority  of  all  the  States  shall  be  necessary  to  a  choice. 
In  every  case,  after  the  choice  of  the  President,  the  person  having  the 
greatest  number  of  votes  of  the  electors  shall  be  the  Vice  President.  But 
if  there  should  remain  two  or  more  who  have  equal  votes,  the  Senate 
shall  choose  from  them  by  ballot  the  Vice  President.^ 

3  The  Congress  may  determine  the  time  of  choosing  the  electors,  and 
the  day  on  which  they  shall  give  their  votes ;  which  day  shall  be  the  same 
throughout  the  United  States. 

4  No  person  except  a  natural  born  citizen,  or  a  citizen  of  the  United 
States,  at  the  time  of  the  adoption  of  this  Constitution,  shall  be  eligible  to 
the  office  of  President ;  neither  shall  any  person  be  eligible  to  that  office 
who  shall  not  have  attained  to  the  age  of  thirty-five  years,  and  been  four- 
teen years  a  resident  within  the  United  States. 

5  In  case  of  the  removal  of  the  President  from  office,  or  of  his  death, 
resignation,  or  inability  to  discharge  the  powers  and  duties  of  the  said 
office,  the  same  shall  devolve  on  the  Vice  President,  and  the  Congress 
may  by  law  provide  for  the  case  of  removal,  death,  resignation,  or  ina- 
bility, both  of  the  President  and  Vice  President,  declaring  what  officer 
shall  then  act  as  President,  and  such  officer  shall  act  accordingly,  until 
the  disability  be  removed,  or  a  President  shall  be  elected. 

6  The  President  shall,  at  stated  times,  receive  for  his  services  a  com- 
pensation, which  shall  neither  be  increased  nor  diminished  during  the 
period  for  which  he  shall  have  been  elected,  and  he  shall  not  receive 
within  that  period  any  other  emolument  from  the  United  Stg,tes,  or  any 
of  them. 

7  Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the  fol- 
lowing oath  or  affirmation: —  *' I  do  solemnly  swear  (or  affirm)  that  I 
will  faithfully  execute  the  office  of  President  of  the  United  States,  and 

1  Superseded  by  the  12th  Amendment.     (See  p.  245.) 


CONSTITUTION  OF  THE  UNITED  STATES  239 

will  to  the  best  of  my  ability,  preserve,  protect  and  defend  the  Constitu- 
tion of  the  United  States.'* 

Section  2.  1  The  President  shall  be  commander  in  chief  of  the 
army  and  navy  of  the  United  States,  and  of  the  militia  of  the  several 
States,  when  called  into  the  actual  service  of  the  United  States ;  he  may 
require  the  opinion,  in  writing,  of  the  principal  officer  in  each  of  the 
executive  departments,  upon  any  subject  relating  to  the  duties  of  their 
respective  offices,  and  he  shall  have  power  to  grant  reprieves  and  pardons 
for  offenses  against  the  United  States,  except  in  cases  of  impeachment. 

2  He  shall  have  power,  by  and  with  the  advice  and  consent  of  the 
Senate,  to  make  treaties,  provided  two  thirds  of  the  senators  present  con- 
cur ;  and  he  shall  nominate,  and  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  ambassadors,  other  public  ministers  and  consuls, 
judges  of  the  Supreme  Court,  and  all  other  officers  of  the  United  States, 
whose  appointments  are  not  herein  otherwise  provided  for,  and  which 
shall  be  established  by  law:  but  the  Congress  may  by  law  vest  the 
appointment  of  such  inferior  officers,  as  they  think  proper,  in  the  Presi- 
dent alone,  in  the  courts  of  law,  or  in  the  heads  of  departments. 

3  The  President  shall  have  power  to  fill  up  all  vacancies  that  may 
happen  during  the  recess  of  the  Senate,  by  granting  commissions  which 
shall  expire  at  the  end  of  their  next  session. 

Section  3.  He  shall  from  time  to  time  give  to  the  Congress  infor- 
mation of  the  state  of  the  Union,  and  recommend  to  their  consideration 
such  measures  as  he  shall  judge  necessary  and  expedient ;  he  may,  on 
extraordinary  occasions,  convene  both  -Houses,  or  either  of  them,  and  in 
case  of  disagreement  between  them  with  respect  to  the  time  of  adjourn- 
ment, he  may  adjourn  them  to  such  time  as  he  shall  think  proper ;  he 
shall  receive  ambassadors  and  other  public  ministers ;  he  shall  take  care 
that  the  laws  be  faithfully  executed,  and  shall  commission  all  the  officers 
of  the  United  States. 

Section  4.  The  President,  Vice  President,  and  all  civil  officers  of  the 
United  States,  shall  be  removed  from  office  on  impeachment  for,  and  con- 
viction of,  treason,  bribery,  or  other  high  crimes  and  misdemeanors. 

ARTICLE  III 

Section  1.  The  judicial  power  of  the  United  States  shall  be  vested 
in  one  Supreme  Court,  and  in  such  inferior  courts  as  the  Congress  may 
from  time  to  time  ordain  and  establish.  The  judges,  both  of  the  Supreme 
and  inferior  courts,  shall  hold  their  offices  during  good  behavior,  and 
shall,  at  stated  times,  receive  for  their  services,  a  compensation  which 
shall  not  be  diminished  during  their  continuance  in  office. 

Section  2.    1   The  judicial  power  shall  extend  to  all  cases,  in  law  and 


240  CONSTITUTION  OF  THE  UNITED  STATES 

equity,  arising  under  this  Constitution,  the  laws  of  the  United  States, 
and  treaties  made,  or  which  shall  be  made,  under  their  authority ;  —  to 
all  cases  affecting  ambassadors,  other  public  ministers  and  consuls ;  — 
to  all  cases  of  admiralty  and  maritime  jurisdiction  ;  —  to  controversies  to 
which  the  United  States  shall  be  a  party  ;  —  to  controversies  between  two 
or  more  States ;  —  between  a  State  and  citizens  of  another  State  ;  i  —  be- 
tween citizens  of  different  States,  —  between  citizens  of  the  same  State 
claiming  lands  under  grants  of  different  States,  and  between  a  State,  or 
the  citizens  thereof,  and  foreign  States,  citizens  or  subjects. 

2  In  all  cases  affecting  ambassadors,  other  public  ministers  and  con- 
suls, and  those  in  which  a  State  shall  be  party,  the  Supreme  Court  shall 
have  original  jurisdiction.  In  all  the  other  cases  before  mentioned,  the 
Supreme  Court  shall  have  appellate  jurisdiction,  both  as  to  law  and  to 
fact,  with  such  exceptions,  and  under  such  regulations  as  the  Congress 
shall  make. 

3  The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be  by 
jury  ;  and  such  trial  shall  be  held  in  the  State  where  the  said  crimes  shall 
have  been  committed ;  but  when  not  committed  within  any  State,  the 
trial  shall  be  at  such  place  or  places  as  the  Congress  may  by  law  have 
directed. 

Section  3.  1  Treason  against  the  United  States,  shall  consist  only  in 
levying  war  against  them,  or  in  adhering  to  their  enemies,  giving  them 
aid  and  comfort.  No  person  shall  be  convicted  of  treason  unless  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  on  confession  in 
open  court. 

2  The  Congress  shall  have  power  to  declare  the  punishment  of  treason, 
but  no  attainder  of  treason  shall  work  corruption  of  blood,  or  forfeiture 
except  during  the  life  of  the  person  attainted. 

ARTICLE  IV 

Section  1.  Full  faith  and  credit  shall  be  given  in  each  State  to  the 
public  acts,  records,  and  judicial  proceedings  of  every  other  State.  And 
the  Congress  may  by  general  laws  prescribe  the  manner  in  which  such 
acts,  records  and  proceedings  shall  be  proved,  and  the  effect  thereof. 

Section  2.  1  The  citizens  of  each  State  shall  be  entitled  to  all  privi- 
leges and  immunities  of  citizens  in  the  several  States. 

2  A  person  charged  in  any  State  with  treason,  felony,  or  other  crime, 
who  shall  flee  from  justice,  and  be  found  in  another  State,  shall  on  de- 
mand of  the  executive  authority  of  the  State  from  which  he  fled,  be 
delivered  up  to  be  removed  to  the  State  having  jurisdiction  of  the  crime. 

1  See  the  11th  Amendment,  p.  245. 


CONSTITUTION  OF  THE  UNITED  STATES  241 

3  No  person  held  to  service  or  labor  in  one  State,  rmder  the  laws 
thereof,  escaping  into  another,  shall,  in  consequence  of  any  law  or  regu- 
lation therein,  be  discharged  from  such  service  or  labor,  but  shall  be 
delivered  up  on  claim  of  the  party  to  whom  such  service  or  labor  may 
be  due. 

Section  3.  1  New  States  may  be  admitted  by  the  Congress  into  this 
Union  ;  but  no  new  State  shall  be  formed  or  erected  within  the  jurisdic- 
tion of  any  other  State  ;  nor  any  State  be  formed  by  the  junction  of  two 
or  more  States,  or  parts  of  States,  without  the  consent  of  the  legislatares 
of  the  States  concerned  as  well  as  of  the  Congress. 

2  The  Congress  shall  have  power  to  dispose  of  and  make  all  needful 
rules  and  regulations  respecting  the  territory  or  other  property  belonging 
to  the  United  States ;  and  nothing  in  this  Constitution  shall  be  so  con- 
strued as  to  prejudice  any  claims  of  the  United  States,  or  of  any  particular 
State. 

Section  4.  The  United  States  shall  guarantee  to  every  State  in  this 
Union  a  republican  form  of  government,  and  shall  protect  each  of  them 
against  invasion ;  and  on  application  of  the  legislature,  or  of  the  execu- 
tive (when  the  legislature  cannot  be  convened)  against  domestic  violence. 

ARTICLE  V 

The  Congress,  whenever  two  thirds  of  both  Houses  shall  deem  it 
necessary,  shall  propose  amendments  to  this  Constitution,  or,  on  the 
application  of  the  legislatures  of  two  thirds  of  the  several  States,  shall 
call  a  convention  for  proposing  amendments,  which,  in  either  case,  shall 
be  valid  to  all  intents  and  purposes,  as  part  of  this  Constitution,  when 
ratified  by  the  legislatures  of  three  fourths  of  the  several  States,  or  by 
conventions  in  three  fourths  thereof,  as  the  one  or  the  other  mode  of 
ratification  may  be  proposed  by  the  Congress  ;  Provided  that  no  amend- 
ment which  may  be  made  prior  to  the  year  one  thousand  eight  hundred 
and  eight  shall  in  any  manner  affect  the  first  and  fourth  clauses  in  the 
ninth  section  of  the  first  article  ;  and  that  no  State,  without  its  consent, 
shall  be  deprived  of  its  equal  suffrage  in  the  Senate. 

ARTICLE  VI 

1  All  debts  contracted  and  engagements  entered  into,  before  the 
adoption  of  this  Constitution,  shall  be  as  valid  against  the  United  States 
under  this  Constitution,  as  under  the  Confederation. 

2  This  Constitution,  and  the  laws  of  the  United  States  which  shall  bo 
made  in  pursuance  thereof  ;  and  all  treaties  made,  or  which  shall  be  made, 
under  the  authority  of  the  United  States,  shall  be  the  supreme  law  of  the 


242 


CONSTITUTION  OF  THE   UNITED  STATES 


land  ;  and  the  judges  in  every  State  shall  be  bound  thereby,  anything  in 
the  Constitution  or  laws  of  any  State  to  the  contrary  notwithstanding. 

3  The  senators  and  representatives  before  mentioned,  and  the  mem 
bers  of  the  several  State  legislatures,  and  all  executive  and  judicial  officers, 
both  of  the  United  States,  and  of  the  several  States,  shall  be  bound  by 
oath  or  affirmation  to  support  this  Constitution ;  but  no  religious  test 
shall  ever  be  required  as  a  qualification  to  any  office  or  public  trust  under 
the  United  States. 


ARTICLE  VII 

The  ratification  of  the  conventions  of  nine  States  shall  be  sufficient  for 
the  establishment  of  this  Constitution  between  the  States  so  ratifying  the 
same.^ 

Done  in  Convention  by  the  unanimous  consent  of  the  States  present  the 
seventeenth  day  of  September  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  eighty-seven,  and  of  the  independence  of  the  United 
States  of  America  the  twelfth.  In  witness  whereof  we  have  hereunto 
subscribed  our  names, 

Go:  Washington  — 

Presidt.  and  Deputy  from  Virginia 


Kew  Hampshire 
John  Langdon 
Nicholas  Oilman 

Massachusetts 
Nathaniel  Gorham 
Rufus  King 

Connecticut 
Wm.  Saml.  Johnson 
Roger  Sherman 

New  York 
Alexander  Hamilton 


New  Jersey 
Wil:  Livingston 
David  Brearley 

1  After  the  Constitution  had  been  adopted  by  the  Convention  it  was  ratified 
by  conventions  held  in  each  of  the  states. 


"Wm.  Paterson 
Jona:  Dayton 

Pemisylvania 
B.  Franklin 
Thomas  Mifflin 
Robt.  Morris 
Geo.  Clymer 
Thos.  Fitzsimons 
Jared  Ingersoll 
James  Wilson 
Gouv  Morris 

Delaware 
Geo :  Read 

Gunning  Bedford  Jun 
John  Dickinson 
Richard  Bassett 
Jaco:  Broom 


CONSTITUTION  OF  THE  UNITED  STATES  243 

Maryland  South  Carolina 

James  McHenry  J.  Rutledge, 

Dan  of  St.  Thos  Jenifer  Charles  Cotesworth  Pinckney 

Danl.  Carroll  Charles  Pinckney 

Pierce  Butler. 
Virginia 

John  Blair-  GeorgUi 

James  Madison  Jr.  William  Few 

Abr  Baldwin 
North  Carolina 

Wm.  Blount 

Richd.  Dobbs  Spaight 

Hu  "Williamson. 

Attest  William  Jackson  Secretary. 


Articles  in  addition  to,  and  amendment  of,  the  Constitution  of  the  United 
States  of  America,  proposed  by  Congress,  and  ratified  by  the  legisla- 
tures of  the  several  States  pursuant  to  the  fifth  article  of  the  original 
Constitution. 

ARTICLE   II 

Congress  shall  make  no  law  respecting  an  establishment  of  religion,  or 
prohibiting  the  free  exercise  thereof  ;  or  abridging  the  freedom  of  speech, 
or  of  the  press  ;  or  the  right  of  the  people  peaceably  to  assemble,  and  to 
petition  the  government  for  a  redress  of  grievances. 

ARTICLE  n 

A  well  regulated  militia,  being  necessary  to  the  security  of  a  free  State^ 
the  right  of  the  people  to  keep  and  bear  arms,  shall  not  be  infringed. 

ARTICLE  III 

No  soldier  shall,  in  time  of  peace  be  quartered  in  any  house,  without 
the  consent  of  the  owner,  nor  in  time  of  war,  but  in  a  manner  to  be  pre- 
scribed by  law. 

ARTICLE  rV 

The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers, 
and  effects,  against  unreasonable  searches  and  seizures,  shall  not  be  vio- 
latedf  and  no  warrants  shall  issue,  but  upon  probable  cause,  supported  by 

1  The  first  ten  Amendments  were  adopted  in  1791. 


244  CONSTITUTION   OF  THE   UNITED   STATES 

oath  or  aflBrmation,  and  particularly  describing  the  place  to  be  searched, 
and  the  persons  or  things  to  be  seized. 

ARTICLE  V 

No  person  shall  be  held  to  answer  for  a  capital,  or  otherwise  infamous 
crime,  unless  on  a  presentment  or  indictment  of  a  grand  jury,  except  in 
cases  arising  in  the  land  or  naval  forces,  or  in  the  militia,  when  in  actual 
service  in  time  of  war  or  public  danger  ;  nor  shall  any  person  be  subject 
for  the  same  offense  to  be  twice  put  in  jeopardy  of  life  or  limb  ;  nor  shall 
be  compelled  in  any  criminal  case  to  be  a  witness  against  himself,  nor  be 
deprived  of  life,  liberty,  or  property,  without  due  process  of  law;  nor  shall 
private  property  be  taken  for  public  use  without  just  compensation. 

ARTICLE   VI 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to  a 
speedy  and  public  trial,  by  an  impartial  jury  of  the  State  and  district 
"wherein  the  crime  shall  have  been  committed,  which  district  shall  have 
been  previously  ascertained  by  law,  and  to  be  informed  of  the  nature  and 
cause  of  the  accusation ;  to  be  confronted  with  the  witnesses  against  him  ; 
to  have  compulsory  process  for  obtaining  witnesses  in  his  favor,  and  to 
have  the  assistance  of  counsel  for  his  defense. 

ARTICLE  VII 

In  suits  at  common  law,  where  the  value  in  controversy  shall  exceed 
twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved,  and  no  fact 
tried  by  a  jury  shall  be  otherwise  reexamined  in  any  court  of  the  United 
States,  than  according  to  the  rules  of  the  common  law. 

ARTICLE  VIII 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor 
cruel  and  unusual  punishments  inflicted. 

ARTICLE  IX 

The  enumeration  in  the  Constitution  of  certain  rights  shall  not  be 
construed  to  deny  or  disparage  others  retained  by  the  people. 

ARTICLE   X 

The  powers  not  delegated  to  the  United  States  by  the  Constitution,  nor 
prohibited  by  it  to  the  States,  are  reserved  to  the  States  respectively,  or  to 
the  people. 


CONSTITUTION  OF  THE   UNITED  STATES  246 

ARTICLE  XII 

The  judicial  power  of  the  United  States  shall  not  be  construed  to  extend 
to  any  suit  in  law  or  equity,  commenced  or  prosecuted  against  one  of  the 
United  States  by  citizens  of  another  State,  or  by  citizens  or  subjects  of 
any  foreign  State. 

ARTICLE  Xlja 

The  electors  shall  meet  in  their  respective  States,  and  vote  by  ballot 
for  President  and  Vice  President,  one  of  whom,  at  least,  shall  not  be  an 
inhabitant  of  the  same  State  with  themselves  ;  they  shall  name  in  their 
ballots  the  person  voted  for  as  President,  and  in  distinct  ballots  the  person 
voted  for  as  Vice  President,  and  they  shall  make  distinct  lists  of  all  per- 
sons voted  for  as  President  and  of  all  persons  voted  for  as  Vice  President, 
and  of  the  number  of  votes  for  each,  which  lists  they  shall  sign  and 
certify,  and  transmit  sealed  to  the  seat  of  the  government  of  the  United 
States,  directed  to  the  president  of  the  Senate; — The  president  of  the 
Senate  shall,  in  presence  of  the  Senate  and  House  of  Representatives, 
open  all  the  certificates  and  the  votes  shall  then  be  counted ;  —  The  person 
having  the  greatest  number  of  votes  for  President  shall  be  the  President, 
if  such  number  be  a  majority  of  the  whole  number  of  electors  appointed ; 
and  if  no  person  have  such  majority,  then  from  the  persons  having  the 
highest  numbers  not  exceeding  three  on  the  list  of  those  voted  for  as 
President,  the  House  of  Representatives  shall  choose  immediately,  by 
ballot,  the  President.  But  in  choosing  the  President,  the  votes  shall  be 
taken  by  States,  the  representation  from  each  State  having  one  vote ;  a 
quorum  for  this  purpose  shall  consist  of  a  member  or  members  from  two 
thirds  of  the  States,  and  a  majority  of  all  the  States  shall  be  necessary 
to  a  choice.  And  if  the  House  of  Representatives  shall  not  choose  a 
President  whenever  the  right  of  choice  shall  devolve  upon  them,  before 
the  fourth  day  of  March  next  following,  then  the  Vice  President  shall  act 
as  President,  as  in  the  case  of  the  death  or  other  constitutional  disability 
of  the  President.  The  person  having  the  greatest  number  of  votes  as 
Vice  President  shall  be  the  Vice  President,  if  such  number  be  a  majority 
of  the  whole  number  of  electors  appointed,  and  if  no  person  have  a 
majority,  then  from  the  two  highest  numbers  on  the  list,  the  Senate  shall 
choose  the  Vice  President ;  a  quorum  for  the  purpose  shall  consist  of  two 
thirds  of  the  whole  number  of  senators,  and  a  majority  of  the  whole 
number  shall  be  necessary  to  a  choice.  But  no  person  constitutionally 
ineligible  to  the  office  of  President  shall  be  eligible  to  that  of  Vice  Presi- 
dent of  the  United  States. 

1  Adopted  in  1798.  2  Adopted  in  1801, 


246  CONSTITUTION  OF   THE   UNITED   STATES 


ARTICLE   XIII 1 

Section  1.  1  Neither  slavery  nor  involuntary  servitude,  except  as 
punishment  for  crime  whereof  the  party  shall  have  been  duly  convicted, 
shall  exist  within  the  United  States,  or  any  place  subject  to  their  juris- 
diction. 

2  Congress  shall  have  power  to  enforce  this  article  by  appropriate 
legislation. 

ARTICLE  XIV  2 

1  All  persons  bom  or  naturalized  in  the  United  States,  and  subject  to 
the  jurisdiction  thereof,  are  citizens  of  the  United  States  and  of  the  State 
wherein  they  reside.  No  State  shall  make  or  enforce  any  law  which 
shall  abridge  the  privileges  or  immunities  of  citizens  of  the  United  States ; 
nor  shall  any  State  deprive  any  person  of  life,  liberty,  or  property,  without 
due  process  of  law ;  nor  deny  to  any  person  within  its  jurisdiction  the 
equal  protection  of  the  laws. 

2  Representatives  shall  be  apportioned  among  the  several  States  accord- 
ing to  their  respective  numbers,  counting  the  whole  number  of  persons 
in  each  State,  excluding  Indians  not  taxed.  But  when  the  right  to  vote 
at  any  election  for  the  choice  of  electors  for  President  and  Vice  President 
of  the  United  States,  representatives  in  Congress,  the  executive  and  judi- 
cial ofiBcers  of  a  State,  or  the  members  of  the  legislature  thereof,  is  denied 
to  any  of  the  male  inhabitants  of  such  State,  being  twenty-one  years 
of  age,  and  citizens  of  the  United  States,  or  in  any  way  abridged,  except 
for  participation  in  rebellion,  or  other  crime,  the  basis  of  representation 
therein  shall  be  reduced  in  the  proportion  which  the  number  of  such  male 
citizens  shall  bear  to  the  whole  number  of  male  citizens  twenty-one  years 
of  age  in  such  State. 

3  No  person  shall  be  a  senator  or  representative  in  Congress,  or  elector 
of  President  and  Vice  President,  or  hold  any  office,  civil  or  military,  under 
the  United  States,  or  under  any  State,  who,  having  previously  taken  an 
oath,  as  a  member  of  Congress,  or  as  an  officer  of  the  United  States,  or 
as  a  member  of  any  State  legislature,  or  as  an  executive  or  judicial  officer 
of  any  State,  to  support  the  Constitution  of  the  United  States,  shall  have 
engaged  in  insurrection  or  rebellion  against  the  same,  or  given  aid  or 
comfort  to  the  enemies  thereof.  But  Congress  may  by  a  vote  of  two 
thirds  of  each  House,  remove  such  disability. 

4  The  validity  of  the  public  debt  of  the  United  States,  authorized  by 
law,  including  debts  incurred  for  payment  of  pensions  and  bounties  for 
services  in  suppressing  insurrection  or  rebellion,  shall  not  be  questioned. 

1  Adopted  in  1865.  ^  Adopted  in  1868. 


CONSTITUTION  OP  THE  UNITED  STATES  247 

But  neither  the  United  States  nor  any  State  shall  assume  or  pay  any  debt 
or  obligation  incurred  in  aid  of  insurrection  or  rebellion  against  the 
United  States,  or  any  claim  for  the  loss  or  emancipation  of  any  slave ; 
but  all  such  debts,  obligations  and  claims  shall  be  held  illegal  and  void. 

5  The  Congress  shall  have  power  to  enforce,  by  appropriate  legislation, 
the  provisions  of  this  article. 

ARTICLE  XVI 

Section  1.  The  right  of  citizens  of  the  United  States  to  vote  shall 
not  be  denied  or  abridged  by  the  United  States  or  by  any  State  on  account 
of  race,  color,  or  previous  condition  of  servitude. 

Section  2.  The  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

ARTICLE  XVI  2 

The  Congress  shall  have  power  to  lay  and  collect  taxes  on  incomes,  from 
whatever  source  derived,  without  apportionment  among  the  several  States, 
and  without  regard  to  any  census  or  enumeration. 


ARTICLE  XVII 3 

The  Senate  of  the  United  States  shall  be  composed  of  two  Senators  from 
each  State,  elected  by  the  people  thereof,  for  six  years;  and  each  Senator 
shall  have  one  vote.  The  electors  in  each  State  shall  have  the  qualifications 
requisite  for  electors  of  the  most  numerous  branch  of  the  State  legislatures. 

When  vacancies  happen  in  the  representation  of  any  State  in  the  Senate, 
the  executive  authority  of  such  State  shall  issue  writs  of  elections  to  fill  such 
vacancies:  Provided,  That  the  legislature  of  any  State  may  empower  the 
executive  thereof  to  make  temporary  appointments  until  the  people  fill  the 
vacancies  by  election  as  the  legislature  may  direct. 

This  amendment  shall  not  be  so  construed  as  to  affect  the  election  or 
term  of  any  Senator  chosen  before  it  becomes  valid  as  part  of  the  Constitu- 
tion. 


1  Adopted  in  1870.  »  Adopted  in  1913.  "»  Adopted  in  1913. 


INDEX 


Agriculture,  Department  of,  178; 

organization  of,  196. 
Alaska,  202. 
Aliens,  34,  48. 
Ambassadors,  183. 
Amendment   to   Constitution,    of 

State,    123;  of    United  States, 

155. 
Anarchists,  36. 

Animal  Industry,  Bureau  of,  197. 
Articles  of  Confederation,  151. 
Assembly,  right  of,  42. 
Assessors,  90,  97,  101,  214. 
Attainder,  bill  of,  166. 
Attendance  of  pupils,  29. 
Attorney-General,  of  State,   141; 

of  the  United  States,  188. 
Auditors,  of  county,  90;  of  State, 

141;  of  township,  101. 
"Australian  System,"  51. 

Bail,  44,  145. 

Ballot,  50-52. 

Banks,  supervision  of,  192,  199. 

Biological  Survey,  Bureau  of,  197. 

Bonds,  162. 

Boroughs,  105. 

Bribery,  52. 

Cabinet  meetings,  178. 

Caucus,  224. 

Census,  Bureau  of,  198. 

Charter,  the  municipal,  105-107. 

Checks  and  balances,  73-78. 

Children,  20-22. 

Chinese,  36. 

Circuit  Court,  of  State,  (District 

Court),  145. 
Circuit  Court  of  Appeals,  209. 
Citizen,  meaning  of  word,  33;  and 

his  party,  227-231. 
Citizenship,  33-59. 


City  charter,  106. 
City  Council,  109-112. 
Civil  cases,  149. 
Civil  rights,  37-45. 
Civil  service,  of  the  National  Gov- 
ernment, 179. 
Civil  Service  Commission,  179. 
Clerk,  of  county  court,  89;  of  town, 

97;  of  township,  101. 
Coast  Guard,  192. 
Commerce,  regulation  of,  162. 
Commerce,  Department    of,    178, 

197. 
Commission  system  of  municipal 

government,  113. 
Committees,  legislative,  129 ;  party, 

223. 
Common  Pleas,  Court  of,  145. 
Comptroller,  State,  141. 
Comptroller  of  the  Treasury,  191. 
Confederation,  Articles  of,  151. 
Congress,  powers  of,  162-167;  the 

two  houses  of,  156;  what  it  may 

not  do,  166-167. 
Constables,  97,  101. 
Constitution,  meaning  of  the  word, 

120;  of  State,   120-124;  of  the 

United  States,   153-155. 
Constitutional  Convention,  State, 

122. 
Constitutional  Convention  of  1787, 

152. 
Constitutions,  how  changed,  123; 

how  made,  122. 
Construction  and  Repair,  Bureau 

of,  186. 
Consuls,  184. 
Conventions,  of  political  parties, 

169-171,  223. 
Copyright,  163. 
Coroner,  89. 
Counterfeiting,  163. 


248 


INDEX 


249 


County,  85-91. 

County  Commissioners,  87. 

Court-martial,  186. 

Courts,  National,  206-210;  three 
grades  of,  207-210;  kind  of 
cases  tried  in,  206,  207. 

Courts,  State,  144-149. 

Criminal  cases,  149. 

Criminals  not  allowed  to  vote,  48. 

Customs  duties,  190. 

Declaration  of  Rights,  121. 

Defendant,  148. 

Defense  of  country,  56. 

Demagogue,  229. 

Democracy,  a  government  of  jus- 
tice, 65;  a  government  of  reason, 
62-65;  defined,  62;  pure,  67; 
representative,  67. 

Departments  of  government,  the 
three  great,  73-77;  independ- 
ence of,  77. 

Departments  of  the  National  Gov- 
ernment, the  ten  executive, 
176-178. 

Dependencies,  202. 

Direct  primaries,  225. 

District  Attorney,  of  the  county, 
88;  of  the  United  States,  209. 

District  Court,  State,  145;  United 
States,  208. 

District  of  Columbia,  165,  204. 

Due  process  of  law,  44. 

Duties,  of  citizens,  55-59;  of  teach- 
ers and  pupils,  29-32;  of  voters, 
58. 

Duties,  on  exports,  167;  on  im- 
ports, 220. 

Education,  21,  48;  National  Com- 
missioner of,  196. 

Elections,  50-54. 

Electors,  presidential,  171-173. 

Eminent  domain,  221. 

Engraving  and  Printing,  Bureau 
of,  192. 

Entomology,  Bureau  of,  197. 

Ex  post  facto  law  prohibited  in 
the  Constitution,  166. 

Excises,  220. 


Family,  19-23. 

Fees,  218. 

Fisheries,  Bureau  of,  198. 

Franchise  Tax,  219. 

General  Staff,  185. 

Geological  Survey,  196. 

Government,  democratic,  62; 
meaning  of  the  word,  11;  rep- 
resentative, 68;  the  services  of, 
13,  83;  the  three  grades  of,  80. 

Government  Printing  Office,  199. 

Governor,  133,  138-140. 

Habeas  Corpus,  38,  166. 
House    of    Representatives,    Na- 
tional, 156-158;  State,  76. 
Husband  and  wife,  19. 

Idiots,  48. 
Imbeciles,  48. 
Impeachment,  142. 
Inauguration,  173. 
Income  tax,  190,  217,  219. 
Indian  Affairs,  Office  of,  194. 
Inheritance  Tax,  217. 
Initiative  and  referendum,    133- 

134. 
Interstate  Commerce  Commission, 

162,  198. 

Japanese,  36. 

Judge-Advocate-General,  186. 
Judicial  Department,  74. 
Jury,  44;  grand,  146;  petit,  147. 
Justice,  Department  of,  188. 
Justice  of  the  Peace,  101,  144. 

Labor,  Department  of,  198. 

Land  Office,  194. 

Laws,  13,  55;  how  made,  131-133, 

159. 
Leaders,  true  and  false,  228-230. 
Legislative  Department,  74-76. 
Legislature,    State,    branches    of, 

126;   election   of   members   of, 

127;  organization  of,  128;  when 

it  meets,  125. 
Library  of  Congress,  199. 
Licenses,  218. 


250 


INDEX 


Lieutenant  Governor,  129,  140. 
Life-saving,  192. 
Local  self-government,  80-84. 
Lunatics,  48. 

Majority,  53;  rule  of  the,  60-66; 

tyranny  of,  65. 
Marque  and  reprisal,  164. 
Marriage,  19. 
Marshall,  188. 
Mayor,  112. 
Message,  of  Governor,  139;  of  the 

President,  175. 
Military  Academy,  186. 
Militia,  165,  185. 
Ministers,  183. 
Mints,  192. 
Moderator,  95. 
Money,  163,  191. 
Municipal  Government,  103-114; 

services  of,  114. 

Naturalization,  35,  163. 
Naval  Academy,  186, 
Navy,  Department  of,  177;  organ- 
ization of,  186. 
Nobility,  title  of,  167. 
Nominating  Conventions,   224. 

Office,  right  of  holding,  53. 
Ordnance,  Bureau  of,  187. 
Ordnance,  Chief  of,  186. 
Overseers  of  the  poor,  97,  101. 

Pardon  of  criminals,  139,  175. 
Parents  and  children,  20-22. 
Party  government,  222-231. 
Party  organization,  168-171,  222- 

225;  choice  of,  227;  loyalty  to, 

230. 
Patent  Office,  194. 
Patents,  163. 
Paupers,  49. 
Pensions,  195. 
People,  power  of,  60. 
Personal  liberty,  38. 
Personal  security,  37. 
Petition,  right  of,  43. 
Philippine  Islands,  203. 
Piracy,  164. 


Plaintiff,  148. 

Plant  Industry,  Bureau  of,  197. 

Plurality,  53. 

Pohtical  rights,  46. 

Poll  tax,  47,  167,  218. 

Polls,  the,  51. 

Porto  Rico,  202. 

Ports  of  entry,  190. 

Post  Office  Department,  177;  or- 
ganization of,  193. 

Post  Offices,   163. 

President  of  the  United  States,  36; 
election  of,  171-174;  nomina- 
tion of  candidate  for,  168-171; 
powers  and  duties  of,  175-177; 
who  shall  succeed,  165. 

Press,  right  of  freedom  of,  42. 

Primary  meeting,  170,  224. 

Probate  court,  90. 

Property,  39,  47. 

Property  tax,  213. 

Prosecuting  attorney,  88,  146. 

Protection,  right  of,  43,  45. 

Pupils,  rules  governing,  28-29;  du- 
ties of,  29-30. 

Quartermaster  Corps,  185, 

"Recall,"  72. 

Reclamation  Service,  196. 

Recorder  of  deeds,  90. 

Register  of  deeds,  90. 

Register  of  the  Treasury,  191. 

Registrars,  49. 

Registration,  49. 

Religious  freedom,  41. 

Representation,  rule  for,  71. 

Representatives,  how  appor- 
tioned, 71;  in  Congress,  156- 
158;  in  the  State  Legislature, 
127 ;  short  terms  of,  69. 

Reserve  Board,  Federal,  199. 

Residence  of  voters,  47. 

Rights,  civil,  37-45 ;  political,  46. 

Salaries,  180. 
School  government,  24-32. 
School  officers,  25. 
Secretary  of  State,  140,  177. 
Selectmen,  96. 
Self-control,  15-17. 


INDEX 


251 


Senate,  76;  of  State,  126;  of 
United  States,  158-159. 

Sergeant-at-arms,  128. 

Sheriff,  88. 

Slavery,  166. 

Smithsonian  Institution,  199. 

Solicitor,  city,  103;  county,  88. 

Speaker,  128,  158. 

Speech,  freedom  of,  41. 

State,  Department  of,  177;  or- 
ganization of,  182-185. 

State,  the,  116-119. 

States,  the  admitted,  118;  the 
original,  118. 

Statesmen,  228. 

Suffrage,  46-48;  woman's,  47. 

Superintendent  of  schools,  county, 
91;  State,   141. 

Supervisors,  county,  87;  township, 
100. 

Supreme  Court,  of  State,  148;  of 
the  United  States,  209. 

Tardiness,  28. 

Tax  collectors,  97,  215. 

Taxation,  a  power  of  the  lawmak- 
ing department,  212;  women 
represented  in  matters  of,  47. 

Taxes,  direct,  167;  franchise,  219; 
how  taxpayer's  share  of  is  de- 
termined, 214;  income,  217; 
poll,  218;  property,  213. 


Teacher.  26,  31. 

Territories,  201-202. 

Town,  government,  93-98;  meet- 
ing, 95;  officers,  96. 

Township,  government,  99-102; 
meetings,  100 ;  officers  of,  100. 

Trade  Commission,  198. 

Treasurer,  of  county,  90;  of 
State,  141 ;  of  town,  97. 

Treaties,  175. 

United  States,  a  representative 
democracy,  68. 

Veto,  power  of,  76. 

Vice    President    of    the    United 

States,  36. 
Village,  105. 
Voters,  duties  of,  59;  qualifications 

of,  46-48. 

War,  Department  of,  177;  organ- 
ization of,  185-186. 
War  College,  186. 
Washington  (City),  204. 
Weather  Bureau,  197. 
Weights  and  measures,  163. 
Wife,  19. 
Women  as  voters,  47. 

Yards  and  Docks,  Bureau  of, 
186. 


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WILL  INCREASE  TO  SO  CENTS  ON  THE  FOURTH 
DAY  AND  TO  $1.00  ON  THE  SEVENTH  DAY 
OVERDUE. 


*^  •  w 


-^  W 


424825 


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UNIVERSITY  OF  CALIFORNIA  LIBRARY 


C^ 


4^ 


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